1988)"

RECEIVED

JUL :-•• 1988
LAW LIBRARY

The

NORTH CAROLINA

IN THIS ISSUE

FINAL DECISION LETTER

now

PROPOSED RULES

Agriculture

Human Resources

Justice

State Personnel

State Treasurer

LIST OF RULES AFFECTED

ISSUE DATE: JULY 15, 1988

Volume 3 • Issue 8 • Pages 295-347

INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE

NORTH CAROLINA REGISTER

The North Carolina Register is published bi-monthly
and contains information relating to agency, executive,
legislative and judicial actions required by or affecting
Chapter 150B of the General Statutes. All proposed, ad-
ministrative rules and amendments filed under Chapter
150B must be published in the Register. The Register
will typically comprise approximately fifty pages per
issue of legal text.

State law requires that a copy of each issue be pro-
vided free of charge to each county in the state and to
various state officials and institutions. The North
Carolina Register is available by yearly subscription at
a cost of ninety-five dollars ($95.00) for 24 issues.

Requests for subscriptions to the North Carolina
Register should be directed to the Office of Ad-
ministrative Hearings, P. O. Drawer 11666, Raleigh, N.
C. 27604, Attn: Subscriptions.

ADOPTION, AMENDMENT, AND REPEAL OF
RULES

An agency intending to adopt, amend, or repeal a rule
must first publish notice of the proposed action in the
North Carolina Register. The notice must include the
time and place of the public hearing; a statement of how
public comments may be submitted to the agency either
at the hearing or otherwise; the text of the proposed
rule or amendment; a reference to the Statutory
Authority for the action and the proposed effective date.

The Director of the Office of Administrative Hearings
has authority to publish a summary, rather than the
full text, of any amendment which is considered to be
too lengthy. In such case, the full text of the rule con-
taining the proposed amendment will be available for
public inspection at the Rules Division of the Office of
Administrative Hearings and at the office of the pro-
mulgating agency.

Unless a specific statute provides otherwise, at least
30 days must elapse following publication of the pro-
posal in the North Carolina Register before the agency
may conduct the required public hearing and take ac-
tion on the proposed adoption, amendment or repeal.

When final action is taken, the promulgating agency
must file any adopted or amended rule for approval by
the Administrative Rules Review Commission. Upon ap-
proval of ARRC, the adopted or amended rule must be
tiled with the Office of Administrative Hearings. If it
differs substantially from the proposed form published
as part of the public notice, upon request by the agen-
cy, the adopted version will again be published in the
North Carolina Register.

A rule, or amended rule cannot become effective
earlier than the first day of the second calendar month
after the adoption is filed with the Office of Ad-
ministrative Hearings for publication in the NCAC.

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taken by the agency.

TEMPORARY RULES

Under certain conditions of an emergency nature,
some agencies may issue temporary rules. A temporary
rule becomes effective when adopted and remains in

effect for the period specified in the rule or 180 da
whichever is less. An agency adopting a temporary n
must begin normal rule-making procedures on the p
manent rule at the same time the temporary rule
adopted.

NORTH CAROLINA ADMINISTRATIVE CODE

The North Carolina Administrative Code (NCAC)
a compilation and index of the administrative rules
25 state agencies and 38 occupational licensing boar
The NCAC comprises approximately 15,000 letter si
single spaced pages of material of which approxima
ly 35% is changed annually. Compilation and publi
tion of the NCAC is mandated by G.S. 150B-63(b).

The Code is divided into Titles and Chapters. Ea
state agency is assigned a separate title which is fi
ther broken down by chapters. Title 21 is designat
for occupational licensing boards.

The NCAC is available in two formats.

(1) Single pages may be obtained at a minimi
cost of two dollars and 50 cents ($2.50) for
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eluding supplements can be purchased
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dividual volumes may also be purchased w
supplement service. Renewal subscriptions
supplements to the initial publication availal

Requests for pages of rules or volumes of the NC
should be directed to the Office of Administrat
Hearings.

NOTE

The foregoing is a generalized statement of the p
cedures to be followed. For specific statutory langua
it is suggested that Articles 2 and 5 of Chapter 150B
the General Statutes be examined carefully.

CITATION TO THE NORTH CAROLINA
REGISTER

The North Carolina Register is cited by volume, iss
page number and date. 1:1 NCR 101-201, April 1, 19

refers to Volume 1, Issue 1, pages 101 through 201
the North Carolina Register issued on April 1, 198

North Carolina Register. Published bi-monthly by
the Office of Administrative Hearings, P.O
Drawer 1 1666, Raleigh, North Carolina 27604, pur-
suant Lo Chapter 150B of the General Statutes.
Subscriptions ninety-five dollars ($95.00) per year.
North Carolina Administrative Code. Published
in looseleaf notebooks with supplement service by
the Office of Administrative Hearings, P.O.
Drawer 1 1666, Raleigh, North Carolina 27604, pur-
suant to Chapter 150B of the General Satutes.
Subscriptions seven hundred and fifty dollars
($750.00). Individual volumes available.

NORTH
CAROLINA
REGISTER

Office of Administrative Hearings

P. (). Drawer 11666

Raleigh, SC 27604

(919) 733 - 2678

Robert A. Mclott,

Director
James R. Scarcella Sr.,

Deputy Director
Molly Mason,

Assistant Director

Staff:

Ruby Creech,

Publications Coordinator
Teresa Kilpatrick,

Editorial Assistant
Jean Shirley,

Editorial Assistant
I^atarsha Roberts,

Records Clerk

ISSUE CONTENTS

FINAL DECISION LETTER

Voting Rights Act 295

II. PROPOSED RULES
Agriculture

Structural Pest

Control Committee 296

Human Resources

Health Services 296

Medical Assistance 303

Justice

Criminal Justice Education

and Training Standards 304

Private Protective Services 303

State Personnel

State Personnel Commission 333

State Treasurer
Escheats and Abandoned

Property 328

III. LIST OF RULES AFFECTED

July 1, 1988 335

IV. CUMULATIVE INDEX 345

NORTH CAROLINA REGISTER

Publication Deadlines and Schedules

(March I9SS - March 1989)

Issue

Last Day

Earliest

Date

for

Date for

Earliest

Filing

Electronic

Public

Effective

Filing

Hearing &
Adoption by
Agency

Date

********

08 01/88

07/11/88

07/18/88

08/31/88

1201, 88

08 15 88

07/26/88

08/02/88

09/14/88

12/01/88

09 01 SS

08/11/88

08/18/88

10/01/88

01/01/89

09/15,88

08/26/88

09/02/88

10/15/88

01/01/89

10/03/88

09/12/88

09/19/88

11/02/88

02/01/89

10'14''88

09/26/88

10/03/88

11/13/88

02/01/89

1 1 01, 88

10,11/88

10/18/88

12/01/88

03/01/89

11 15 88

1026 88

11/02/88

12/15/88

03/01/89

12/01 88

11 0788

11/15/88

12/31/88

04/01/89

12/15/88

11/23/88

12/02/88

01/14/89

04,01/89

01 02/89

12 08/88

12/15/88

02/01/89

05/01 ; 89

01/16 89

12/27/88

01/03/89

02/15/89

0501/89

02 01/89

01.10 89

01/17/89

03/03/89

06/01/89

02/15/89

01,26,89

02/02/89

03/17/89

06/01/89

03/01/89

02/08/89

02/15/89

03/31/89

07/01/89

03/15/89

02,21/89

03/02/89

04/14/89

07/01/89

* The "Earliest Effective Date" is computed assuming that the public hearing
and adoption occur in the calendar month immediately following the "Issue
Date", that the agency fdes the rule with The Administrath-e Rules Review
Commission by the 20th of the same calendar month and that ARRC approves
the rule at the next calendar month meeting.

VOTING RIGHTS ACT FINAL DECISION LETTERS

[G.S. 120-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the
A ttorney General of the United States in which a final decision is made concerning a "change af-
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina
Register. /

U.S. Department of Justice
Civil Rights Division

WBR:LLT:TCL:ez

DJ 166-012-3 Voting Section

T9544-9548 P.O. Box 66128

Washington, D.C. 20035-6128

June 23, 1988

David A. Holec, Esq.

City Attorney

P.O. Box 1388

Lumberton, North Carolina 28359-1388

Dear Mr. Holec:

This refers to the April 4, 1988, annexations to the City of Lumberton in Robeson County, North
Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965,
as amended, 42 U.S.C. 1973c. We received your submission on April 25, 1988.

The Attorney General does not interpose any objection to the changes in question. However,
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the
enforcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).

Sincerely,

Wm. Bradford Reynolds
Assistant Attorney General
Civil Rights Division

By:

Gerald W. Jones
Chief, Voting Section

NORTH CAROLINA REGISTER 295

PROPOSED RULES

TITLE 2 - DEPARTMENT OF
AGRICULTURE

iV otice is hereby given in accordance with G.S.
I SOB- 1 2 that the N.C. Department of Agriculture,
Structural Pest Control Committee intends to re-
peal regulation cited as 2 NCAC 34 .100 1 .

1 he proposed effective date of this action is No-
vember I, 1988.

1 he public hearing will be conducted at 1:00
p.m. on August 17, 1988 at Hall of Fame, Rm.
101 A, Agriculture Building, 1 W. Edenlon Street,
Raleigh, N.C.

y^omment Procedures: Interested persons may
present statements either orally or in writing at the
public hearing or in writing prior to the hearing
by mail addressed to David S. McLeod. Chairman
of the Structural Pest Control Committee, P.O.
Box 27647, Raleigh, North Carolina 2761 1.

CHAPTER 34 - STRUCTURAL PEST CONTROL
DIVISION

SECTION .1000 - TIME FOR FILING
COMPLAINTS

.1001 TIME FOR FILING COMPLAINTS
(REPEALED)

writing or calling John P. Barkley, Agency Legal
Specialist, Division of Health Services, P.O. Box
2091, Raleigh, North Carolina 27602-2091, (919)
733-3134. Written comments on these rule
changes may be sent to Mr. Barkley at the above
address. Written and oral comments (no more
than ten minutes for oral) on these rule changes
may be presented at the public hearing. Notice
should be given to Mr. Barkley at least three days
prior to the public hearing if you desire to speak.

CHAPTER 4 - HEALTH SERVICES: OFFICE OF
THE DIRECTOR

SUBCHAPTER 4C - PAYMENT PROGRAMS

SECTION .0300 - ELIGIBILITY PROCEDURES

.0303 PAYMENT LIMITATIONS

(b) The State Health Director may limit pro-
gram benefits for inpatient care that can be au-
thorized when the total amount of outstanding
authorizations, plus the estimated authorizations
for the remainder of the fiscal year, less estimated
cancellations, exceeds 90 percent of the pro-
gram's cash balance.

Statutory Authority G.S. BOAS; BOA- 124;
B0A-127; BOA-129: B0A-177; BOA-205.

CHAPTER 7 - HEALTH: EPIDEMIOLOGY

SUBCHAPTER 7F - VETERINARY PLBLIC
HEALTH

Statutory Authority G.S. 106-65.29.

TITLE 10 DEPARTMENT OF HUMAN
RESOURCES

iV otice is hereby given in accordance with G.S.
BOB- 12 that the Division of Health Services in-
tends to amend regulations cited as 10 NCA C 4C
.0303; 10 NCAC 7F .0107; 10 NCAC 8F .0111;
10 NCAC 10 A .0309; 10 NCAC 10D .0702,
.1006, .1313, .1622, .1624 - .1625, .1627, .2604;
10 NCAC 10F .0030, .0032 - .0033.

1 he proposed effective date of this action is De-
cember I, 1988.

1 he public hearing will be conducted at 1:30
p.m. on August 17, 1988 at Archda/e Building.
Hearing Room (Ground Floor), 512 North
Salisbury Street, Raleigh, North Carolina.

Comment Procedures: Any person may request
information or copies of the proposed rules by

SECTION .0100 - VETERINARY PLBLIC
HEALTH PROGRAM

.0107 APPROVED RABIES VACCINES

The following rabies vaccines are approved for
use in animals in this State:
(24) EPIRAB (Coopers Animal Health, Inc.)

Statutory Authority G.S. I30A-185.

CHAPTER 8 - HEALTH: PERSONAL HEALTH

SUBCHAPTER 8F - SICKLE CELL SYNDROME:

GENETIC COUNSELING: DEVELOPMENTAL

DISABILITIES BRANCH

SECTION .0100 - SICKLE CELL SYNDROME
PROGRAM

.01 1 1 MEDICAL SERVICES PROVIDED

(b) If an individual meets the eligibility re-
quirements, he shall be provided the following
medical services:

(1) For individuals below the age of 21, all
outpatient and all inpatient care shall be
paid for by the Crippled Children's Spe-

296

NORTH CAROLINA REGISTER

PROPOSED RULES

rial Health Services Program,

including
For indi-

all hospital and physician fees
viduals 21 years of age and older, all out-
patient ttft4 aH inpatient care shall be paid
for by the Sickle Cell Syndrome Program.
For individuals 21 years of age and older,
all inpatient care, limited to no more than
five days of care per hospitalization, shall
be paid for by the Sickle Cell Syndrome
Program.

Statutory Authority G.S. I43B-193.

CHAPTER 10 - HEALTH SERVICES:
ENVIRONMENTAL HEALTH

SUBCHAPTER I0A - SANITATION

SECTION .0300 - SANITATION OF LODGING
PLACES

.0309 TOILETS: LAVATORIES: LOCKER
ROOMS: AND BATHS

(a) livery establishment shall be provided with
adequate) toilets, lavatory, an4 bathing facilities
conveniently locat e d, readily accessibl e , a«4 con
forming with the State Building Cod e , Volum e
14-r which it. adopt e d by reference (see .0317 ef
this Section). Adequate toilet aw4 lav atopy faoil
ities shall be provided fof employees. ?4w» lava
tefy aft4 bathing facilities shall includ e b«t an4
cold running wat e r under pressure, individual
tow e ls, aftd s oap. Fmployecs locker rooms shall
be kept cl e an, paint e d an4 orderly. Toil e t aft4
wash rooms shall ha weU lighted a«4 ventilated
te the outside aif through windows, through
ducts having cross sectional areas e£ at l e ast H
squar e inches, ef through mechanical systems.

the minimum si/.ed toilet w orn containing e«e
commod e an4 sua lavatory, »f ©we commodo
aw4 ww urinal, a«4 shall contain 44 square feet
in- addition fof each additional plumbing fixtur e .
Floors, walls, an4 ceiling s shall ha construct e d
ef- smooth, non absorbent, washable materials;

m. p ■ I 1 " I * fi ■ i i *i < ■ ' - ' i i .' 1 1 K 1 i . il i t ,^ih ir.i.l \i;.ii.-l>'it-.l.\ ri'.mt
LI 1 1U1I I 'VJ I '111 1 1 (LU ttTTTT II i^t 11 L'U 11 .' 1 L'U TTTIT II IVITT IV jTOTTTT

unless finished i» tife ef e qual; a«4 shall be k e pt
cl e an a«4 i» good r e pair. Fixtur e s sbal4 be kept
cl e an aft4 i» gee4 repair.

(b} (a} fe the ease ef Hew establishments Baths
shall be provided for each room or unit in new
establishments.

(©) liquid Wastes. All sewage a»4 othe r liquid
wastes shall be dispos e d »f i» a p ublic s e w e r sys-
tem- »Ft » the absence ef a public sewer syst e m,
by a sanitary sewage disposal method approved
as provided i» "Sewage Disposal Systems," 44}
NCAC 44A Am^ wbfeb is atk»f>te4 by i
(see .0317 ef this Section) .

(b) All lavatory and bathing facilities shall in-
clude hot and cold running water under pressure,
individual towels, and soap. Floors and walls
shall be constructed of smooth, non-absorbent,
washable materials.

(d) All sewage or waste waters shall be disposed
of in an approved sanitary sewage system that is
found to be properly operating.

Statutory Authority G.S. 130A-248.

SUBCHAPTER 10D - WATER SUPPLIES

SECTION .0700 - PROTECTION OF PUBLIC
WATER SUPPLIES

.0702 DEFINITIONS

(30) "Public water system"

(a) "Public Water System" means a system for
the provision to the public of piped water
for human consumption if such the sys-
tem has at least serves 1 5 or more service
connections or which regularly serves an
average of at least 25 individuals daily at
least 60 days out of the year. Two or
more water systems that are adjacent and
are owned or operated by the same sup-
p lier of water and that together serve 15
or more service connections or 25 or more
persons [s a public water system. Such
The term includes:

(i) any collection, treatment, storage, and
distribution facility under control of the
operator of such system and used prima-
rily in connection with such system; and

(ii) any collection or pre-treatment storage
facility not under such control which is
used primarily in connection with such
system.

(b) A public water system is either a "com-
munity water system," a "non-community
water system" or a "non-transient, non-
community water system":

(i) "Community Water System" means a
public water system which serves 15 or
more service connections or which regu-
larly serves at least 25 year-round resi-
dents.

(ii) "Non-Community Water System" me-
ans a public water system which is not a
community water system.

(iii) "Non-transient, non-community water
system" means a public water system that
is not a community water system and that
regularly serves at least 25 of the same
persons for six or more months per year.

NORTH CAROLINA REGISTER

297

PROPOSED RULES

Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R.
141.

SECTION .1000 - WATER SUPPLY DESIGN
CRITERIA

.1006 DISTRIBUTION SYSTEMS

(b) Cross-Connections
(7) No person shall fill special use tanks or
tankers containing pi Guides, fertilizers,
other toxic chemicals or their residues
from a public water system except at a
location equipped with an over-the-rim
free discharge of water or an approved re-
duced pressure backflow preventer prop-
erly installed on the public water supply.
No supplier of water shall permit the fill-
ing of such special use containers except
at locations so equipped.

Statutory Authority G.S. 130A-315; 130A-317;
P.L. 93-523.

SECTION .1300 - PROTECTION OF FILTERED
WATER SUPPLIES

.1313 GROUND ABSORPTION SEWAGE
COLLECTION: TREATMEN T/DISP
SYSTEMS

(a) No facility, including but not limited to a
residence, mobile home, mobile home park,
multi-unit building or dwelling, place of business
or place of public assembly on a lot located on
a watershed of a class I or class II reservoir or on
the watershed of the portion of a stream classified
as WS-I, WS-II or WS-III extending from a class
I reservoir to a downstream intake of a water
purification plant shall use a ground absorption
sewage disposal system unless al! of the following
criteria are met:

( 1 ) The lot includes at least 40,000 square feet,
except as provided in Subparagraphs
(a)(2) and (a)(3);

(2) The lot shall include enough total area to
equal an average of 40,000 square feet per
residential dwelling unit for a multiple
unit residential building or mobile home
park;

(3) The lot shall include enough total area to
equal an average of 40,000 square feet pef
each 1250 gallons ef wastewater generated
e ach 4ay for each business within a mul-
tiple unit place of business or place of
public assembly. 44%e anticipated waste
water generated shall be determined m
accordance w+tb 44 NCAC 4£A 4»4%

(4) Other types ©f development shall include

enough total a?e» to equal a» average ef
10,000 square feet pet residential dwelling

(5)
(6)

tmit aft4 at- least '10,000 square feet pef
each 1250 gallons ef wastewater generated
each day by oach business &f place ef
public assembly . The lot for any business
or place of public assembly for which the
anticipated wastewater generated exceeds

1250 gallons per dav will require an addi-
tional 40,000 square feet of area for each
additional 1250 gallons per day or portion
thereof. The anticipated wastewater gen-
erated shall be determined in accordance
with 10 NCAC 10A .1949.

The lot size requirement shall be deter-
mined by excluding streets; and
Compliance with all other applicable state
and local rules and laws is achieved.

Statutory Authority G.S. 130A-315; 130A-320;
P.L. 93-523.

SECTION .1600 - WATER QUALITY
STANDARDS

.1622 MICROBIOLOGICAL CONTAMINANT
SAMPLING AND ANALYSIS

(j) Two or more water systems that are adja-
cent and are owned or operated by the same
supplier of water and that together serve 15 or
more service connections or 25 or more persons
and which were in operation on or before July
31, 1987 shall conform to the following sampling
schedule rather than the schedule set forth in
Paragraphs (b), (c), and (e) of this Rule. A water
supplier shall submit samples monthly from each
section of the water svstem supplied from a sep-
arate source.

Authority G.S. 130A-315: P.L. 93-523; 40 C.F.R.
141.

.1624 ORGANIC CHEMICALS OTHER THAN
TTHM: SAMPLING AND ANALYSIS

(d) Analyses made to determine compliance
with Rule .1615(1) and (2) of this Section shall
be made in accordance with methods adopted by
the United States Environmental Protection
Agency and codified as 40 C.F.R. 141.24 (e) and
(f), which are hereby adopted by reference as
amended through March 44r 1983. in accordance
with G.S. 150B- 14(c). A list of these methods
is available from the Public Water Supply
Branch, Environmental Health Section, Division
of Health Services, P.O. Box 2091, Raleigh, N.C.
27602.

Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R.
141.

.1625 INORGANIC CHEMICAL SAMPLING

298

NORTH CAROLINA REGISTER

PROPOSED RULES

AND ANALYSIS

(g) Two or more water systems that are adja-
cent and are owned or operated by the same
supplier of water and that together serve 15 or
more service connections or 25 or more persons
and which were in operation on or before July
31, 1987 shall conform to the following sampling
schedule rather than the schedule set forth in
Paragraph (a) of this Rule. A water supplier
shall submit samples every three years from each
section of the water system supplied from a sep-
arate source.

Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R.
141.

.1627 MONITORING FREQUENCY FOR
RADIOACTIVITY

(c) Two or more water systems that are adja-
cent and are owned or operated by the same
supplier of water and that together serve 15 or
more sendee connections or 25 or more persons
and which were in operation on or before July
31, 1987 shall conform to the following sampling
schedule rather than the schedule set forth in
Paragraphs (a) and (b) of this Rule. A water
supplier shall take samples for gross alpha parti-
cle activity, radium-226 and radium-228, and lor
man-made radioaclivitN from the water syjstem
when the secretary determines that the system iis
in an area subject to radiological contamination.
WTien the sampling is required, a water supplier
shall submit samples every four years from each
section of the water system supplied from a sep-
arate source.

Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R.
141.

SECTION .2600 - LOCAL PLAN APPROVAL

.2604 NOTICE

(c) Upon completion of the construction or
alteration of the distribution system, the appli-
cant shall submit a statement to the local ap-
proval program signed by a registered
professional engineer and affixed with his profes-
sional engineering seal, stating that construction
was completed in accordance with approved
plans and specifications and revised only in ac-
cordance with 10 NCAC 1QD .11906. The state-
ment shall be based upon adequate observations
during and upon completion of construction by
the engineer or a representative of the engineer's
office supervised bv the engineer. The local ap-
proval program shall provide a copy of the
statement to the department.

Statutory Authority G.S. 130A-317; 1985 S.L., c.
697, s. 3.

SUBCHAPTER I0F - HAZARDOUS WASTE
MANAGEMENT

.0030 STANDARDS FOR HAZARDOUS WASTE
GENERATORS - PART 262

(h) The appendix contained in 40 CFR 262 has
been adopted by reference in accordance with
G.S. 150B- 14(c); however, Items D, F, H, and I
on the form in the appendices contained in 40
CFR are required to be completed on the North
Carolina \ lazardous Waste Manifest form.

Statutory Authority G.S. 130A-294(c).

.0032 STANDARDS FOR OWNERS/
OPERATORS OF HWMF'S -
PART 264

(a) Any person who treats, stores, or disposes
of hazardous waste shall do so in compliance
with the standards set forth in this Rule, and only
after having received a permit from the depart-
ment as required by 10 NCAC 10F .0034(b)(1),
or having received interim status according to 10
NCAC 10F .0034 (b)f3f (g)(1).

(d) The provisions for "Preparedness and Pre-
vention" contained in 44 Fetb Reg, 33,224 (1980)
te be codified m 40 CFR 264.30 to 264.37 (Sub-
part C) have been adopted by reference as
amended by 44 Fe4, Reg- 2$42 (1981) an4 48
P«4t Regr 44r 394 (1983). in accordance with
G.S. 150B- 14(c).

(e) "Contingency Plan and Emergency Proce-
dures" contained in 44 Fed. R. e g. 33,224 to
U^M I^W, to be codified m 40 CFR 264.50
to 264.56 (Subpart D) have been adopted by re-
ference in accordance with G.S. 1 SOB- 14(c).

(g) The provisions for "Ground-water Pro-
tection" contained in 40- Fod. R.og. 32,350 to
32,356 (1982) [te be codified m 40 CFR 264.90
to 264.101 (Subpart F) have been adopted by
reference as amondod by 4* Fedr Reg, 14, 294 .
(1983); sh4 40 Fe4r Reg, 28,716 &a4 28,747
(1985). in accordance with G.S. 150B- 14(c).

For the purpose of this adoption by reference,
the words "the effective date" contained in 40
CFR 264.90(a) shall be deleted and replaced with
the phrase "January 26, 1983".

(h) The provisions for "Closure and Post-Clo-
sure" contained in 44 Fe4r Reg- 2,849 te 2,851,
a«4 ;l6?s (1981) to be codified m 40 CFR
264.110 to 264.120 (Subpart G) have been
adopted by reference in accordance with G.S.
150B- 14(c), as amondod bv 4? Fetb Reg, J2,i56,
,12,357 (4-9&fo as amondod by 4S FetbRe^ 14,291
(1983); aft4 44- Fe4. Reg, 16,414 te 16,147, 25,172
(1986); except that 40 CFR 264.120(b) is rewrit-

NORTH CAROLINA REGISTER

299

PROPOSED RULES

ten as follows: "If at any time the owner or op-
erator or any subsequent owner of the land upon
which a hazardous waste facility was located re-
moves the waste and waste residues, the liner, if
any, and all contaminated underlying and sur-
rounding soil, he may add a notation on the deed
to the facility property or other instrument nor-
mally examined during title search, indicating the
removal of the waste."

(i) "Financial Requirements" contained in 44
JW. R*g. 2M± to 3t844 a«4 5458 (1081) k» be
codifi e d » 40 CFR 264.140 to 264.151 (Subpart
1 1 ) have been adopted bv reference as amended
by 45 be4. Reg. 15.047 to 15.064 afi4 16.554 to
16.558. Mto 32.357 (1982 | a«4 48 Pe4. Reg.
3 i ),H5(10S3). aft4 54-be4.Reg. 16.4 17 to 16.451,
25. 172. ( 1086), m accordance with G.S.
150B- 14(c), except that 40 CFR 264.143(a)(3),
(a)(4), (a)(5), (a)(6), 40 CFR 264.145(a)(3),
(a)(4), (a)(5), (a)(6). 40 CFR 264.147(a), 40 CFR
264.147(b), 40 CFR 264.151(a)(1), Section 15,
and 40 CFR 264.151(g), and 40 CFR
264. 151(a), (b),(c),(d),(e),(f).(h),(i). and (j) are not
adopted by reference.

(j) The provisions for "Use and Management
of Containers" contained in 46 hod. R e g. 2.886
*«4 3S& (1981) to be codified m 40 CFR
264.170 to 264.178 (Subpart I) have been
adopted bv reference as amended bv 46 Fed. Reg.
55.112 (1981): aft4 40Fe4. Reg. J004 (1085). in
accordance with G.S. 150B- 14(c).

(k) "The provision for "Tanks" contained in 44
be4. Res. X845, 0,848. X804. ^ 351 10 (4484)
to be codified » 40 CFR 264.190 to 264.200
(Subpart J) have been adopted by reference a*
am e nd e d bv 44 Pe4. Re*. 35.2 10 (10S1); m Pe4.
R*^ 3004 " (1085): a«4 U Fe4. Reg, 25.172 to
25.178. aft4 20. 130 (1986). in accordance with
G.S. 150B- 14(c).

(1) The following are requirements for Surface
Impoundments:

( 1 ) The provisions for "Surface Impound-
ments" contained in 44 Pe4 Roc. 2.868 to
3#0 (4^844 to be codified m 40 CFR
264.220 to 264.231 (Subpart K) have been
adopted bv referenc e as amended 4-? Fod.
Re*. 32.35" to 32.35 9 (1Q82); a«4 40 Petb
Reg. 3004. 2vT, a«4 28,718 (1085). in
accordance with G.S. 150B- 14(c).

(2) The following are additional permitting
standards related to surface impound-
ments:

( A ) A new surface impoundment shall meet
the following minimum requirements for
a liner system:

(i) The liner system shall consist of at
least two liners;

(ii) Artificial liners shall be equal to or

greater than 30 mils in thickness;
(iii) Clayey liners shall be equal to or
greater than five feet in thickness and
have a maximum permeability of 1.0 x
10-7 cm/sec;
(iv) Clayey liner soils shall have the same
characteristics as described in
(q)(1)(B)(ii), (wfc (iv^ (vi) an4 (***}
(gl(4)(u), (iii), (iv), (vi). and (vii) of this
Rule;
(v) A leachate collection system shall be
constructed between the upper liner and
the bottom liner;
(vi) A leachate detection system shall be
constructed below the bottom liner.
(B) A hazardous waste surface impound-
ment shall be constructed in such a man-
ner to prevent landsliding. slippage or
slumpmg.
(m) The provisions for "Waste Piles" con-
tained in 44 Pe4. Res 3t850 to 3t453 a«4 2.804
(1081) to be codified » 40 CFR 264.250 to
264.259 (Subpart F) have been adopted by refer-
ence as amended bv 44 J5e4. Res. 55.1 12 (1981);
45 be4. Re*. 32,359 to 32.361 ^ (1082); a«4 §0
b*0- Reg. 3004 aft4 28,7 1 8 (1085). in accordance
with G.S. 150B- 14(c).

(n) The provisions for "land Treatment"
contained in 45 £e4. R«g. 32,361 to 32.365
(1982) to be coddled m 40 CFR 264.270 to
264.283 (Subpart M) have been adopted by ref-
erence as amended bv 48 Fed. Re a. 14.29 1 a«4
1 1.295 (1983): afi4 40Pe4. Reg. 3004 (1985). in
accordance with G.S. 150B- 14(c).

(o) The following are requirements for Land-
fills and Long-Term Storage Facilities:

(1) The provisions for "landfills" contained
in 45 Pe4. Res. 32,365 to 32.367 f4083>
to be codified » 40 CFR 264.300 to
264.339 (Subpart N) have been adopted
bv reference as amended bv 40 Fed. Re*.
3004T 5004V 18.371, 28.718, aito 28,7 To
(1985). in accordance with G.S.
15()B-14(c). These requirements apply to
landfills and long-term storage facilities.

(2) The following are additional requirements
for hazardous waste landfills and long-
term storage facilities:

(A) No hazardous waste landfill or long-
term storage facility shall be established
until at least one comprehensive hazard-
ous waste treatment facility is fully opera-
tional in North Carolina.

(B) Hazardous waste shall be treated prior
to placement in a North Carolina hazard-
ous waste landfill or long-term storage fa-
cilitv. The extent of waste treatment

300

\ORTH CAROLINA REGISTER

PROPOSED RULES

required shall be based on the degree of
hazard associated with each waste. Waste
shall be classified as low, moderate, or
extremely hazardous; classification being
based on the following factors:
(i) The toxicity, quantity, and concen-
tration of constituents within the waste;
(ii) The reported and potential toxic ef-
fects of the waste constituents;
(iii) The persistence, mobility, and po-
tential for bioaccumulation of the waste
constituents; and
(iv) Any other relevant factors.

(C) Hazardous waste that cannot be re-
duced, stabilized or destroyed to the ex-
tent which renders it sufficiently low in
toxicity to present no significant health or
safety hazard in the event of leakage, shall
be stored in long-term, retrievable storage
until such methods are found. Hazardous
waste in long-term retrievable storage
shall be detoxified as soon as the com-
mission determines, based on the prepon-
derance of the evidence, that the
technology is available at a reasonable
cost.

(D) Residue or ashes of hazardous waste
which has been treated so that the toxicity
is low enough to present no significant
health or safety hazard in the event of
leakage from the facility shall be placed in
long-term storage or a hazardous waste
landfill.

(E) No hazardous waste or polychlorinated
biphenyl landfill facility shall be permitted
within 25 miles of any other hazardous
waste or polychlorinated biphenyl landfill
facility, long-term storage facility or com-
prehensive hazardous waste treatment fa-
cility.

(F) The following shall not be placed in a
hazardous waste landfill, long-term stor-
age, or long-term retrievable storage facil-
ity: ignitables as defined in the Federal
Act, polyhalogcnated biphenyls of 50 ppm
or greater concentration and free liquids
whether or not containerized.

(G) A hazardous waste landfill or long-term
storage facility shall meet the following
minimum liner requirements:

(i) Leachate collection and removal sys-
tems above an artificial liner;

(ii) An artificial liner of not less than 30
mil in thickness;

(iii) A five-foot clayey liner below the
artificial liner which has a maximum
permeability of 1.0 x 10-7 cm/sec; and

(iv) A leachate detection system imme-
diately below a clay liner.
(H) A long-term storage facility shall meet
groundwater protection, closure and
post-closure, and financial requirements
as specified in 40 CFR Subparts (F), (G)
and (H) as adopted in 10 NCAC 10F
.0032.
(3) If technically and commercially feasible
alternatives to landfilling, such as recycl-
ing, reduction, and detoxification, are
available for a hazardous waste, that waste
shall not be disposed of in a landfill cell.
However, this requirement shall apply
only if utilization of such alternatives will
provide equal or greater protection of the
public health than disposing of the same
hazardous waste without utilization of
such alternatives,
(p) The provisions for "Incinerators" contained
in 44 Fed, Reg, 2.43S to ^6*% 3^489 and ^m
(1981) to be codified » 40 CFR 264.340 to
264.351 (Subpart O) have been adopted by ref-
erence as amended by 44 F e d. Reg. 27,532 and
32434 (1982); 4S Fed, Reg, 11,295 and 30,115
(1983); aftd m Fed, Reg, 44^ 446? 3004- and
49,203 (1985). in accordance with G.S.
150B- 14(c).

(r) The provisions for "Miscellaneous Units"
contained in 40 CFR 264.600 to 264.603 (Sub-
part X) have been adopted by reference in ac-
cordance with G.S. 150B- 14(c).

Statutory Authority G.S. 130A-294(c).

.0033 INTERIM STATUSSTANDARDS FOR
HWMF'S -PART 265

(c) The provisions for "Preparedness and Pre-
vention" contained in 44 Fed, Rog. 33,236 and
UtZU f4480) to be codified » 40 CFR 265.30
to 265.37 (Subpart C) have been adopted by ref-
erence in accordance with G.S. 150B-14(c).

(d) "Contingency Plan and Emergency Proce-
dures" contained in 44 Fed, Rog. 33,237 to
33,238 (1980) to be codifi e d m 40 CFR 265.50
to 265.56 (Subpart D) have been adopted by re-
ference in accordance with G.S. 150D- 14(c).

(e) The provisions for "Manifest System, Re-
cordkeeping, and Reporting" contained in 44

I7...1 Dan "ii Tic -mil 17 TIP ( 1 QQQ'i fc» Ut* r n Hifm H

I \.'\1 . 1 COC! ~J ~J j I r U IXllXS .1.1,1—.' ' \ i • ■ ■ ' ' f HJ TTC uuuuivvj

m 40 CFR 265.70 to 265.77 (Subpart E) have
been adopted by reference as amended by 44 Fed.
Reg, 86,970, 84^974 (1980); 44 Fed, Reg, 7,480
(1981); 4S Fedr Reg, 3r9S3 (1983); 4Q Fed. Reg,
18,371 (1985); and 44- Fed, Reg, 25,179, 10,637,
a^ 10,63 8 (1986). in accordance with G.S.
150B- 14(c).

NORTH CAROLINA REGISTER

301

PROPOSED RULES

(f) The provisions for "Ground Water Moni-
toring" contained in 44 Fed. Rog. 3.1,230 to
33.212 (+9S0* to be codified i» 40 CFR 265.90
to 265.94 (Subpart F) have been adopted by ref-
erence a* amend e d by 4? Peor Regr 1,255 (1982);
tt»4 4S F^4r Reg, 4tQS3- (1983). in accordance
with G.S. 150B- 14(c).

(g) The provisions for "Closure and Post-Clo-
sure" contained in 44 Fed. Reg. 33,212 an4
33.2 13 f4*Sfo (to be codified m 40 CFR 265.110
to 265.120 (Subpart G) have been adopted by
reference a* amended by 44 be4r Reg. 2,875,
2#Z6t a«4 arS33r ttft4^494 (1981); »r4 44 Fe4r
Regr 16,151 to 16,155, a«4 25.179 (1986); in ac-.
cordance with G.S. 150B- 14(c), except that 40
CFR 265.120 (b) is rewritten as follows: "If at
any time the owner or operator or any subse-
quent owner of the land upon which a hazardous
waste facility was located removes the waste and
waste residues, the liner, if any, and all contam-
inated underlying and surrounding soil, he may
add a notation on the deed to the facility prop-
erty or other instrument normally examined dur-
ing title search, indicating the removal of the
waste."

(h) " financial Requirements" contained in 44
Fe^R^ 33.213 a^ 33.211 f4as^tobeeo4r6e4
to 40 CFR 265.140 to 265.151 (Subpart H) have
been adopted by reference as amended by 46 Fed.
ft^a- 2£31 teir&SS (1981); 4? Feor Regr 15.061
to 15,071 aft4 16,558 to 16,561 (1982); 4* Fe4r
Rear 11,295 aao 30,115 (1983); aw4 44 Fe4r Reg,
16,155 to 16,158, 25,179, (19 8 6), in accordance
with G.S. 150B-14(c), except that 40 CFR
265.143(a)(3), (a)(4), (a)(5). (a)(6), 40 CFR
265.145(a)(3), (a)(4), (a)(5), (a)(6), 40 CFR
265.147(a), and 40 CFR 265.147(b), are not
adopted by reference.

(i) The provisions for "Use and Management
of Containers" contained in 44 Fed. Reg. 33.241
(1980) to be codified m 40 CFR 265.170 to
265.177 (Subpart I) have been adopted by refer-
ence as amended by 44 Fe4r Regr 78,529 (1980),
in accordance with G.S. 1 5"B- 14(c). except that
40 CFR 265.174 is not adopted by reference.
( 1 ) The following shall be substituted for the
provisions of 40 CFR 265. 174 which were
not adopted by reference:
"265. 1 7 4 Inspections.
The owner or operator must inspect areas
where containers are stored at least weekly
for leaks and for deterioration caused by
corrosion or other factors. A log of in-
spections must be kept for at least three
years from the date of the inspection.
[Comment: See Section 265.171 for re-
medial action required if deterioration or
leaks are detected.!"

(k) The provisions for "Surface

Impoundments" contained in 44 F e d. Rog.
33,215 ano 33,216 (44>SQ4 to be codified m 40
CFR 265.220 to 265.230 (Subpart K) have been
adopted by reference as amended » 40 Fed. Regr
16,018 aft4 28,7 19 (1985); aae 42 Fe4r Rag. St30S
a»4 &r3W (1987). in accordance with G.S.
150B- 14(c).

(1) The provisions for "Waste Piles" contained
in 44 Feor Regr 33,216 a«4 33,217 (1980) to be
codified » 40 CFR 265.250 to 265.258 (Subpart
L) have been adopted by reference as amended
l»y 44 Fetb Regr 2tSQ4 an4 2tS93 (1981): 4? Fe4r
Regr 32,367 aft4 32,368 (19 8 2); ao4 40 Fe4r Regr
28,750 (1985). in accordance with G.S.

150B- 14(c).

(m) The provisions for "Land Treatment"
contained in 44 FetF Regr 33,217 to 33,219
(1980) to be codifi e d i» 40 CFR 265.270 to
265.282 (Subpart M) have been adopted by ref-
erence as amended by 44 bed. Rog. 32,368
(1982); 4* Fe4r Regr 11,295 f49S4} ao4 40 Fee
Rear 16,018 (1985). in accordance with G.S.
150B- -14(c).

(n) The provisions for "Landfills" contained in
44 Fe4r Regr 33,249 a«4 33,250 (1980) to be ee-
d+6e4 m 40 CFR 265.300 to 265.316 (Subpart
N) have been adopted by reference as am e nd e d
kv 44 Fe4r Ret- 13.191, 13,195, 33,507, 56,596
(1981): 44 Fedr Rear 84«4t 12,318, 32,368,
32.369 (1982) ao4 40 Fe4r Regr 16,018, 18,371,
18,375, aoe 28,750 (1985). in accordance with
G.S. 150B- 14(c).

(o) The provisions for "Incinerators" contained
in 44 Fe4r Rear 33.250 (19 8 0) to be codified m
40 CFR 265.340 to 265.352 (Subpart O) have
been adopted by reference as amend e d bv 44 F e d.
Rear TrfrTS to ?t4SQ ( 1981); 43 Fe4r Regr 27,533
(1982); aft4 40Fe4r Regr 6447 2004r 19,203, a*4
19.201 (1985). in accordance with G.S.

150B-

14(c)

Treatment"
Mto 33,251
265.370 to

(p) The provisions for "Thermal
contained in 44 Fed. R e g. 33.250
fWSG} to be codifi e d m 40 CFR
265.383 (Subpart P) have been adopted by refer-
ence as amended by 40 Fed. Reg. 4667 2005, a«4
2004 (1085). in accordance with G.S.

1 SOB- 14(c).

(q) The provisions for "Chemical, Physical,
and Biological Treatment" contained in 44 Fed.
Rear 33,251 a«4 33,252 (4*404 to be codified m
40 CFR 265.400 to 265.406 (Subpart Q) have
been adopted by reference in accordance with
G.S. 15HB- 14(c).

(r) The provisions for "Underground

Injection" contained in 44 Fed. Reg. 33.252 a»4
33,253 (-F4804 to be codified i» 40 CFR 265.430
(Subpart R) have been adopted by reference as

302

NORTH CAROLINA REGISTER

PROPOSED RULES

amondod fey 4S Fe4r Rogr 30,1 15 (10 8 3). in a^
cordance with G.S. 150B- 14(c).

(s) Appendices I through V contained in 4£
Pea, fa^ Q2$i te a^^SS f44SQ} 40 CFR 265
have been adopted by reference in accordance
with G.S. 150B- 14(c).

Statutory Authority G.S. 130A-294(c).

be made prior to the desk audit of the start-up
cost report.

Authority G.S. 108A-25(b); 108A-54; 108A-55;
S.L. 1985, c. 479, s. 86; 42 CFR Part 447 Subpart
C.

TITLE 12 - DEPARTMENT OF JUSTICE

******************

lyotice is hereby given in accordance with G.S.
J SOB- J 2 that the Human Resources/ Medical As-
sistance intends to amend regulation cited as 10
NCAC 26H .0303(h).

1 he proposed effective date of this action is No-
vember 1, 1988.

1 he public hearing will be conducted at 1:30
p.m. on August 14, 1988 at North Carolina Divi-
sion of Medical Assistance, 1985 Umstead Drive,
Room 201, Raleigh, N. C. 27603.

_, omment Procedures: Written comments con-
cerning this amendment must be submitted by
8 J 14/88 to: Director, Division of Medical Assist-
ance, 1985 Umstead Drive, Raleigh, N. C. 27603.
Oral comments may be presented at the hearing.
In addition, a fiscal impact statement on this rule
amendment is available upon written request from
the same address.

CHAPTER 26 - MEDICAL SERVICES
SUBCHAPTER 2611 - REIMBURSEMENT PLANS

SECTION .0300

ICF-MR PROSPECTIVE RATE
PLAN

.0303 METHODS AND STANDARDS
FOR DETERMINING RATES

(h) Start-up costs are cost incurred by an
ICF-MR provider while preparing to provide
services. It includes the cost incurred by provid-
ers to provide services at the level necessary to
obtain certification less any revenue or grants re-
lated to start-up. The North Carolina Medicaid
Program will reimburse these start-up costs up
to a maximum equal to the facility's rate times
its beds times 90 120 days. This reimbursement
will be made in addition to the facility's per diem
rate. The amount shall be payable upon receipt
of a special start-up cost report. This report
should be filed within 15 months of the certif-
ication date. No advance of start-up funds shall

otice is hereby given in accordance with G.S.
I50B-I2 that the N.C. Prh'ate Protective Services
Board intends to amend regulation cited as 12
NCAC 7D .0204.

1 he proposed effective date of this action is No-
vember I, 1988.

1 he public hearing will be conducted at 12:00
p.m. on August 19, 1988 at McKinnon Center,

Western Boulevard at Gorman Street, Raleigh,
N. C.

omment Procedures: File written comments
with James F. Kirk, Administrator, P.O. Box
29500, Raleigh, N. C. 27626 no later than Friday,
August 12, 1988.

CHAPTER 7 - PRIVATE PROTECTIVE
SERVICES

SUBCHAPTER 7D - PRIVATE PROTECTION
SERVICES BOARD

SECTION .0200 - LICENSES: TRAINEE
PERMITS

.0204 DETERMINATION OF EXPERIENCE

(a) Experience requirements shall be deter-
mined in the following manner:

( 1) one year experience = 1,000 hours;

(2) two years experience = 2,000 hours;

(3) three years experience = 3,000 hours.

(b) Applicants must be prepared to make
available upon request written documentation
and/or verification of experience.

(c) The board shall net- may, for good cause,
consider any experience claimed by the applicant
if gained while not in possession of a valid li-
cense, registration or trainee permit while such
license, registration, or trainee permit was re-
quired by existing or previously existing laws of
the United States, any state or any political sub-
division of a state.

Statutory Authority G.S. 74C-5; 74C-8(d)(3).

+ ^c % )|c Hf ^ ^ % Jf. % ^ % ^ %. ;[c % % ;\z

NORTH CAROLINA REGISTER

303

PROPOSED RULES

otice is hereby given in accordance with G.S.
1 SOB- 1 2 that the North Carolina Criminal Justice
Education and Training Standards Commission
intends to adopt, amend and repeal regulations
cited as 12 NCAC 9 A .0/03, .0204 - .0206; 9B
.0101 - .0/02. .0203, .0205 - .0206, .0209 - .0214,
.0218 - .0219, .0222, .0224, .0226 - .0228, .0231 -
.0233. .0304 - .0305, .0310, .0401, .0403 - .0407,
,0414 - .0415, .0603; 9C .0303 - .0304, .0306 -
.0307, .0310, .0501 - .0505, .0602 - .0605; 9E
.0101 - .0107.

1 he proposed effective date of this action is July
1, 1989.

1 he public hearing will be conducted at 10:00
a.m. on September 8, 1988 at the Hearing Room
of the Alcoholic Be\>erage Control Commission
Building, 3322 Old Garner Road, Raleigh, North
Carolina.

(_- omment Procedures: A ny person interested in
these rules may present oral or written comments
relevant to the proposed action at the Public
Rule-Making Hearing. Written statements not
presented at the Hearing should be directed to the
undersigned. The proposed rides are available for
public inspection and copies may be obtained at
the following address:

Criminal Justice Standards Division
North Carolina Department of Justice

I West Morgan Street

Room 15. Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602.

CHAPTER 9 - CRIMINAL JUSTICE
EDUCATION AND TRAINING STANDARDS

SUBCHAPTER 9A - CRIMINAL JUSTICE

EDUCATION AND TRAINING STANDARDS

COMMISSION

SECTION .0100 - COMMISSION
ORGANIZATION AND PROCEDURES

.010? DEFINITIONS

The following definitions apply throughout this
Chapter, except as modified in 12 NCAC 9A
.0107 for the purpose of the commission's rule-
making and administrative hearing procedures:

(14) "In-Service Training" means any and all

training
must be

prescribed in
satisfactorily

Rule

compli

9E .0102 which
?tcd by all certi-

fied law

enforcement

officers

durine eac

h full

calendar Year of certi:

ication

(15) (44) "Lateral Transfer" means the employ-
ment of a criminal justice officer, at any
rank, by a criminal justice agency, based
upon the officer's special qualifications or
experience, without following the usual se-
lection process established by the agency for
basic officer positions.

(16) (44) "Law Enforcement Code of Ethics"
means that code adopted by the commission
on September 19, 1973, which reads:

As a law enforcement officer, my funda-
mental duty is to serve mankind: to safe-
guard lives and property; to protect the
innocent against deception, the weak against
oppression or intimidation, and the peaceful
against violence or disorder; and to respect
the Constitutional rights of all men to lib-
erty, equality, and justice.

I will keep my private life unsullied as an
example to all; maintain courageous calm in
the face of danger, scorn, or ridicule; develop
self-restraint; and be constantly mindful of
the welfare of others. Honest in thought
and deed in both my personal and official
life, I will be exemplary in obeying the laws
of the land and the regulations of my de-
partment. Whatever I see or hear of a con-
fidential nature or that is confided to me in
my official capacity will be kept ever secret
unless revelation is necessary in the per-
formance of my duty.

I will never act officiously or permit per-
sonal feelings, prejudices, animosities or
friendships to influence my decisions. With
no compromise for crime and with relentless
prosecution of criminals, I will enforce the
law courteously and appropriately without
fear or favor, malice or ill will, never em-
ploying unnecessary force or violence and
never accepting gratuities.

I recognize the badge of my office as a
symbol of public faith, and I accept it as a
public trust to be held so long as I am true
to the ethics of the police service. I will
constantly strive to achieve these objectives
and ideals, dedicating myself before God to
my chosen profession. ..law enforcement.

( 17) (44) "Law Enforcement Officer" means an
appointee of a criminal justice agency or of
the State or of any political subdivision of
the State who, by virtue of his office, is em-
powered to make arrests for violations of the
laws of this State. Specifically excluded
from this title are sheriffs and their sworn
appointees with arrest authority who are
governed by the provisions of Chapter 17E
of the General Statutes.

304

NORTH CAROLINA REGISTER

PROPOSED RULES

(18) (4-^ "Law Enforcement Training Points"
means points earned toward the Law En-
forcement Officers' Professional Certificate
Program by successful completion of com-
mission-approved law enforcement training
courses. Twenty classroom hours of com-
mission-approved law enforcement training
equals one law enforcement training point.

(19) (4-S) "Local Confinement Personnel" me-
ans any officer, supervisor or administrator
of a local confinement facility in North Ca-
rolina as defined in G.S. 153A-217; any of-
ficer, supervisor or administrator of a county
confinement facility in North Carolina as
defined in G.S. 153A-218; or, any officer,
supervisor or administrator of a district
confinement facility in North Carolina as
defined in G.S. 153A-219.

(20) (44ty "Misdemeanor" means those criminal
offenses not classified by the North Carolina
General Statutes, the Crated States Code,
the common law, or the courts as felonies.
Misdemeanor offenses are classified by the
commission as follows:

(a) "Class A Misdemeanor" means an act
committed or omitted in violation of any
common law, duly enacted ordinance,
criminal statute, or criminal traffic code
of this state, or any other jurisdiction, ei-
ther civil or military, for which the max-
imum punishment allowable for the
designated offense under the laws, stat-
utes, or ordinances of North Carolina or
its political subdivisions includes impri-
sonment for a term of not more than six
months. Specifically excluded from this
grouping of "class A misdemeanor" crim-
inal offenses are motor vehicle or traffic
offenses designated as misdemeanors un-
der Chapter 20 (Motor Vehicles) of the
General Statutes of North Carolina, simi-
lar laws of other jurisdictions, or duly en-
acted ordinances of an authorized
governmental entity with the exception of
the offense of impaired driving (G.S. 20-
138.1) which is expressly included herein
as a class A misdemeanor, if the defendant
was sentenced under punishment level
three [G.S. 20-179(i)J, level four [G.S.
20-179(j)|, or level five [G.S. 20-179(k)].

(b) "Class B Misdemeanor" means an act
committed or omitted in violation of any
common law, criminal statute, or criminal
traffic code of this state, or any other ju-
risdiction, either civil or military, for
which the maximum punishment allow-
able for the designated offense under the
laws and statutes of North Carolina in-

cludes imprisonment for a term of more
than six months but not more than two
years. Specifically excluded from this
grouping of "class B misdemeanor" crim-
inal offenses are motor vehicles or traffic
offenses designated as being misdemea-
nors under Chapter 20 (Motor Vehicles)
of the General Statutes of North Carolina
or similar laws of other jurisdictions with
the following exceptions. Class B misde-
meanor does expressly include, either first
or subsequent offenses of G.S. 20- 138(a)
or (b), G.S. 20-139 (persons under influ-
ence of drugs), and G.S. 20-166 (duty to
stop in event of accident). This definition
further includes a violation of G.S.
20-138.1 (impaired driving) if the defend-
ant was sentenced under punishment level
one [G.S. 20-179(g)| or punishment level
two [G.S. 20- 179(h)) for the offense.

(21) f3Q4 "Parole Case Analyst" means an em-
ployee of the North Carolina Department
of Correction who works under the super-
vision of the North Carolina Parole Com-
mission, whose duties include analyzing and
processing cases under consideration for
parole, preparing and presenting parole rec-
ommendations, analyzing and processing
executive clemency matters and interviewing
inmates.

(22) (444, "Pilot Courses" means those courses
developed consistent with the curriculum
development policy adopted by the com-
mission on May 30, 1986. This policy shall
be administered by the Education and
Training Committee of the commission
consistent with Rule 9C .0404.

(43} "Pro Service Training" means aay a«4 aU
training stipulat e d m R-wl* 9& .0205(b)
which muGt be satisfactorily completed by
aU applicants prior to- obtaining probation

cot y DCRD mn i\t 1 1 uj cc iu tt \_ i n o i ll iiil.hl kj i 1 1 dci :

Statutory Authority G.S. 17C-2; 17C-6; 17C-I0;
I53A-2I7.

SECTION .0200 - ENFORCEMENT OF RULES

.0204 SUSPENSION: REVOCATION: OR
DENIAL OF CERTIFICATION

(a) The commission shall revoke the certif-
ication of a criminal justice officer when the
commission finds that the officer has committed
or been convicted of:

(1) a felony; or

(2) a crime for which the authorized punish-
ment included imprisonment for more
than two years.

NORTH CAROLINA REGISTER

305

PROPOSED RULES

(b) The commission may suspend, revoke, or
deny the certification of a criminal justice officer
when the commission finds that the applicant for
certification or the certified officer:

(1) has not enrolled in and satisfactorily
completed the required basic training
course in its entirety ef m formally au-
thorised separat e parte, within prescribed
time periods relevant or applicable to a
specified position or job title;

(2) fails to meet any of the minimum em-
ployment standards required by 12 NCAC
9B .0100 for the category of the officer's
certification;

(3) has committed or been convicted of:

(A) a crime or unlawful act defmed in 12
NCAC 9A .0103 as a Class B misdemea-
nor; or

(B) four or more crimes or unlawful acts
defined in 12 NCAC 9A .0103 as a Class
A misdemeanor, each of which occurred
after the date of initial certification;

(4) has been discharged by a criminal justice
agency for commission or conviction of:

(A) a motor vehicle offense requiring the
revocation of the officer's driver's license;
or

(B) any other offense involving moral tur-
pitude;

(5) has been discharged by a criminal justice
agency because the officer lacks the men-
tal or physical capabilities to properly ful-
fill the responsibilities of a criminal justice
officer;

(6) has knowingly made a material misrepre-
sentation of any information required for
certification or accreditation;

(7) has knowingly and designedly by any
means of false pretense, deception, de-
fraudation, misrepresentation or cheating
whatsoever, obtained or attempted to ob-
tain credit, training or certification from
the commission;

(8) has failed to make either of the notifica-
tions as required bv 12 NCAC 9B
.0101(7); e*

(9) has been removed from office by decree
of the Superior Court in accord with the
provisions of G.S. 128-16;

(10) fails to satisfactorily complete the mini-
mum in-service training requirements as
prescribed in 12 NCAC 9H;

(1 1) has refused to submit to the drug screen
specified in 12 NCAC 9B .0101(5);

( 12) has produced a positive result on the drug
screen specified in and administered ac-
cording to 12 NCAC 9B .0101(5), where

the positive result cannot be explained to
the commission's satisfaction bv a valid
prescription and current medical advice;
or
3) has produced a positive result on a drug
screen reported to the commission as
specified in 12 NCAC 9C .0310, where the
positive result cannot be explained to the
commissions satisfaction by a valid pre-
scription and current medical advice.

Statutory Authority G.S. I7C-6; I7C-10.

.0205 PERIOD OF SUSPENSION:
REVOCATION: OR DENIAL

\Mien the commission suspends, revokes, or
denies the certification of a criminal justice offi-
cer, the period of the sanction shall be:

( 1 ) permanent where the cause of the sanction
is:

(a) commission or conviction of a felony; or

(b) commission or conviction of a crime for
which authorized punishment included
imprisonment for more than two years;
or

(c) the second revocation of an officer's cer-
tification for either of the two causes re-
quiring a live-year period of revocation;
or

(d) refusal to submit to the drug screen speci-
fied in 12 NCAC 9B .0101(5); or

(e) production of a positive result on the drug
screen specified in and administered ac-
cording to 12 NCAC 9B .0101(5), where
the positive result cannot be explained to
the commission's satisfaction bv a valid
prescription and current medical advice;
or

production of a positive result on a drug
screen reported to the commission under
12 NCAC 9C .0310. where the positive
result cannot be explained to the com-
mission's satisfaction bv a valid pre-
scription and current medical advice.

(2) not less than five years where the cause of
sanction is:

(a) commission or conviction of a crime other
than those listed in Item (1) of this Rule;
however, the commission may either re-
duce or suspend the period of sanction
under this Item or substitute a period of
probation in lieu of revocation following
an administrative hearing; or

(b) material misrepresentation of any infor-
mation required for certification or ac-
creditation;

306

NORTH CAROLINA REGISTER

PROPOSED RULES

(d) removal from office under the provisions
ofG.S. 128-16.
(i) for an indefinite period, but continuing so
long as the stated deficiency, infraction, or
impairment continues to exist, where the
cause of sanction is:
(a) failure to meet or satisfy relevant basic
training requirements; or
failure to meet or maintain the minimum
standards of employment; or
discharge from a criminal justice agency
for impairment of physical or mental ca-
pabilities; or
failure to meet or satisfy the in-service

LiU

training lcquircmcnls as prescribed in J_2
MAC <T

Stiiiniory Authority (i.S. I '(.'-6; I7C-IQ.

.0206 SUMMARY SUSPENSIONS

(a) The commission, by and through the
Standards Committee, may summarily suspend
the certification of a criminal justice officer or
instructor or the accreditation of a criminal jus-
tice school or course before the commencement
of proceedings for suspension or revocation of
the certification or accreditation when:

(1) the person has committed or been con-
victed of a violation of the criminal code
which would require a permanent sus-
pension, revocation, or denral ol certif-
ication; <*f

(2) in the opinion of the Standards Commit-
tee, the public health, safety, or welfare
requires this emergency action of sum-
mary suspension; or

(3) the certified officer fails to satisfactorily
complete the minimum in-scrvicc training
requirements as prescribed m J_2 NCAC
9E.

Statutory Authority G.S. 17C-6; 17C-I0; 150B-3.

SUBCHAPTER 9B - STANDARDS FOR

CRIMINAL JUSTICE EMPLOYMENT:

EDUCATION: AND TRAINING

SECTION .0100 - MINIMUM STANDARDS FOR
CRIMINAL JUSTICE EMPLOYMENT

.0101 MINIMUM STANDARDS FOR
CRIMINAL JUSTICE OFFICERS

Every criminal justice officer employed by an
agency in North Carolina shall:

( 1 ) be a citizen of the United States;

(2) be at least 20 years of age;

(3) be of good moral character as determined
by a thorough background investigation;

(4) have been fingerprinted and a search made
of local, state, and national tiles to disclose
any criminal record;

(5) have been examined and certified by a li-
censed physician or surgeon to meet physical
requirements necessary to properly fulfill the
officer's particular responsibilities and shall
have produced a negative result on a drug
screen administered according to the follow-
ing specifications:

(a) the drug screen shall be a untie test con-
sisting of an initial test and a confirmatory
lest on an initial positive result; and

(h) the unne specimen shall be collected as
part of the medical examination; and

(c) a chain id custody shall be maintained on
the specimen from collection to the even-
tual discarding of the specimen; and

(d) the drugs whose use shall be tested lor
shall include ;U least cannibis, cocaine,
phencyclidine (I'CI*). opiates and amphe-
tamines or their melabolities; and

(e) the test threshold values are no lower than
these:

(i) Cannibis 11)0 ng ml - initial and

GCMS;
(ii) Opiates - 300 ng/ml - initial and

GCMS;
(in) Cocaine - 300 ng'ml - initial, 150 ng/ml

- GCMS;
(iv) I'd' - 25 ng/ml - initial and GCMS;

(v) Amphetamines - 1000 ng'ml - initial

and GCMS; and

(f) the laboratory conducting the test must be

certified for federal workplace drug testing

programs.
A positive result which can be explained to
the commission's satisfaction by a valid pre-
scription and current medical advice shall
have the effect of a negative result.
Note: Although not presently required by
these Rules, the commission recommends
that every candidate for a position as a crim-
inal justice officer be examined by a licensed
psychiatrist or clinical psychologist prior to
employment, or be administered a psycho-
logical evaluation test battery to determine
his mental and emotional suitability to per-
form the duties of an officer.

Statutory Authority G.S. I7C-6; 17C-10.

.0102 BACKGROUND INVESTIGATION

(d) The agency may use the method of docu-
menting the results of the background investi-
gation it deems most appropriate to its needs.
1 lowever, the commission's Summary of Back-
eround Investigation Form should be used as a

NORTH CAROLINA REGISTER

307

PROPOSED RULES

guide of minimum information collected and re-
corded by the investigator.

(e) (44 Upon written request by the Director of
the Standards Division, the employing agency
shall provide the commission with a copy of any
background investigation retained by the agency.

Statutory Authority G.S. 17C-6.

SECTION .0200 - MINIMUM STANDARDS FOR

CRIMINAL JUSTICE SCHOOLS AND

CRIMINAL JUSTICE TRAINING PROGRAMS

OR COURSES OF INSTRUCTION

.0203 ADMISSION OF TRAINEES

(d) The school sha ll not admit any individual
as a trainee in a presentation of the "Basic Re-
cruit Training -_ I aw Enforcement" course un-
less as a prerequisite the individual has:

(1) provided to the certified school director a
Medical Examination Report Form in
compliance with 12 NCAC 9B .0104,
properly completed by_ a physician li^
censed to practice medicine in North Ca-
rolina; and

(2) had a drug screen in accordance with 12
NCAC 9B . 0101(5); and

(3) produced a negative result on the drug
screen, or produced a positive result which
can be explained to the commission's sat-
isfaction by_ a valid prescription and cur-
rent medical advice.

Statutory Authority G. S. J7C-6; 17C-10.

.0205 BASIC TRAINING - LAW

ENFORCEMENT OFFICERS

(a) The basic training course for law enforce-
ment officers consists of instruction designed to
provide the trainee with the skills and knowledge
to perform those tasks essential to function in
law enforcement. 44*e co u rse entitled "Basic
Recruit Training Law Enforcement" is com
posed ef two ooparable parts. 44*e fe4 being
designat e d a* Pro Service Training, as s pecified
und e r Paragraph (44 »£ frh+s Rul e , aft4 4*e second
being designated as Probationary Training, as
specifi e d under Paragraph («4 »£tl4s R.ul e .

fb) ¥ke Pro Service Training cours e applicable
to aH law enforcem e nt offi c er s shall consist e£ a
minimum ef 444 hours ef instructi^ ft as4 shall
include tfee following identified topic areas a«4
minimum instructional hours fef e ach area:
(4-4 Course Orientation - 4- Hour
(34 Laws ef- Arrest, Search &&4 Seizur e - 44

Hours
(rty Mechanics ef Arrest:
Arr e st Procedures - S Hours
Vehicle Stops - 4 Hours

Custody Procedur e s - 3 Hours
Proc e ssing, Fingerprinting, an4
Photographing Arrestee - 4 Hours
(4) Dufonoivo Tactics - 44 Hours
(4) Firearms - 44 Hour s
(4) kw Enforcement Driver Training - 44

Hours
(4^ Testing - 4 Hours
(b) The course entitled "Basic Recruit Training
— Law Enforcement" shall consist of a minimum
of 410 hours of instruction and shall include the
following identified topic areas and minimum
instructional hours for each area:

(21

til

(4)

(51

(61
(21

(81

(21
iM
(ill
(12)

Course Orientation - 2 Hours
Constitutional I^aw - 4 Hours
I_aws of Arrest, Search and Seizure

Hours
Mechanics of Arrest; Arrest Procedures -

8 Hours
Law Enforcement Communications and

Information Systems - 4 Hours
Elements of Criminal Law - 24 Hours
Defensive Tactics - J_6 1 lours

Juvenile Laws and Procedures - 8 Hours

Emergency Medical Services - 24 Hours
Firearms - 40 Hours
Patrol Techniques - J_6 Hours
Crime Prevention Techniques ; 4 Hours
Field Notetaking and Report Writing -

12 Hours

(14) Mechanics of Arrest; Vehicle Stops - 6
Hours

(15) Mechanics of Arreset; Custody Proce-
dures - 2 Hours

(16) Mechanics of Arrest; Processing Arrestee
- 4 Hours

(17) Crisis Management - 10 Hours

(18) Special Populations - 12 Hours

(19) Civil Disorders - 8 Hours

(20) Criminal Investigation - 28 Hours

(21) Interviews: Field and In-Custody - 8
Hours

(22) Controlled Substances - 6 Hours

(23) ABC Laws and Procedures - 4 Hours

(24) Electrical and Hazardous Material
Emergencies - 6 I lours

(25) Motor Vehicle Laws - 20 Hours

(26) Techniques of Traffic I^aw Enforcement
-_ 6 Hours

(27) Traffic Accident Investigation - 20 I lours

(28) Law Enforcement Driver Training - 16
Hours

(29) Pre paring for Court and Testifying in
Court - \2 Hours

(30) Dealing with Victims and the Public - 8
Hours

(31) Testing - 12 Hours

(32) Physical Fitness - 43 Hours

30S

NORTH CAROLINA REGISTER

PROPOSED RULES

{&) Unless otherwise prescribed aft4 made ap-
plicabl e by subsequent f*4» ef this Subchapter,
the remaining portion ef the basic training
courso, designated as Probationary Training,
shall consist ef a minimum af 346 hours ef in-
struction a»4 shall include the following identi
6e4 topic areas a»4 minimum instructional hours

(4} Courso Orientation - 4- Hour

(3) Constitutional I aw - 4 Hours

(4) I.xtw Enforcement Communications tm4
Information Systems - 4 Hours

(4) Elements ef Criminal Law - 34 Hours
(4) Juvenile Laws a«4 Procedur e s - 8 Hours
(4) Emergency M e dical Servic e s - 34 Hours
(44 Patrol Techniques - 46 Hours
f8) Crime Prevention Techniques - 4 Hours
(£} Field Notetoking sm4 Pieport Writing -
+3 Hours
Crisis Management - 40 Hours
Deviant Behavior - 4(4 Hours

( 1 1 ) \
(43+

Civil Disorders - 42 1 lours

Criminal Investigation - 38 Hours

Interviews: Field aftd In Custody - &
Hours
(44) Controlled Substances - 6 Hours
(46) ABC I jaws »r4 Procedures - 4 Hours
(44) Flectrical aft4 Hazardous Materials

Emergencies - 6 Hours
(4-8) Motor Vehicle 1 aws - 3© Hours
(49) Techniques »f Traffic t-+tw Enforcement

- 6 Hours
(3% Traffic Accident Investigation - 30 Hours
(34) Preparing fef Court aft4 Testifying »
Court - 43 Hours

D e aling with Victims aft4 4« Public - &
Hours

Testing aft4 Examination - 9 Hours

(4+ [cj The "Basic Law Enforcement Training

Manual" as published by the North Carolina

Justice Academy is hereby adopted by reference,

and shall automatically include any later amend-

(33}

UXL±

ments and editions of the adopted matter as au-
thorized by G.S. 1 SOB- 14(c), to apply as basic
curriculum for this basic training course for law
enforcement officers as administered by the
commission. Copies of this publication may be
inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy
at the following address:

North Carolina Justice Academy

Post Office Drawer 99

Salemburg, North Carolina 28385

(e) (d) The "Basic Law Enforcement Training
Course Management Guide" as published by the
North Carolina Justice Academy is hereby
adopted by reference, and shall automatically in-
clude any later amendments and editions of the
adopted matter as authorized by G.S.
150B- 14(c), to be used by certified school direc-
tors in planning, implementing and delivering
basic training courses. Each certified school di-
rector shall be issued a copy of the guide at the
time of certification at no cost to the accredited
school.

Statutory Authority G. S. 17C-6; 17C-10.

.0206 BASIC TRAINING: CORRECTIONAL
OFFICERS

(c) The "Basic Correction Officer Training
Manual" as published by the Department of
Correction is hereby adopted by reference, and
shall automatically include any later amendments
and editions of the adopted matter as authorized
by G.S. 1 SOB- 14(c), to apply as the basic curric-
ulum for delivery of correctional officer basic
training courses.

Statutory Authority G. S. J7C-6; 17C-I0.

.0209 CRIMINAL JUSTICE INSTRUCTOR
TRAINING

(a) The instructor training course required for
general instructor certification shall consist of a
minimum of 44 80 hours of instruction presented
during a continuous period of not more than two
weeks.

(b) Each instructor training course shall be de-
signed to provide the trainee with the skills and
knowledge to perform the function of a criminal
justice instructor.

(c) Each instructor training course shall include
as a minimum the following identified topic areas
and minimum instructional hours for each area:

(44 Orientation - Lesson Plan Preparation -

3 Hours

(3) Curriculum Development - 4 I lour

(4) Profe s sional Pi.osourc e s - 4 Hour
(4) Eormat &b4 Objectives - 6 Hours

(4) Principals aft4 Styl e s &f Adult L e arning -

4 Hours

(4) Classroom Environment - 4 Hour
(4) Student Classroom Study Skills - 4 Hour
(-8) M e thods a»4 Strategies ef Instruction - 4
Hour s

NORTH CAROLINA REGISTER

309

PROPOSED RULES

(44 Audio Visual Equipment - & Hours
(444 Questioning Techniques - 2 Hours
(4-44 Legal Liability - 2 Hours
(444. Demonstration Methods an4 Practical

Ex e rcise - 2 Hours
(444 Evaluation Proc e ss -4 Hours
(444 ElTectivo Spooking - 2 Hours
(444 Student Performance - 44 Hours
(464 Student 10 Minut e Talk, V44e» Critique

- 6 Hours
(444 Examination - 3 Hours

(1) Orientation and Pretest - 2/4 Hours

(21

[31
(41
[51

[61

[21

[81

[21

Curriculum Development: ISP Model -
1 Vi I lours

Civil liability for Law Enforcement
trainers - 2 I lours

Interpersonal Communication in In-
struction - 4 Hours

I esson Plan Preparation: Professional
Resources - 1 '2 Hours

Lesson Plan Preparation: Format and
Objectives -_ 6 Hours
Adult Learning -_ 3 x/ i I lours
Adult I earning: The I earning Environ-
ment - 2' 1 Hours

Demonstration

Principles of Instruction:
Methods and Practical Exercise

6 Hours

(10) Methods and Strategies of Instruction -
4 1 lours

(11) The Evaluation Process - 4 Hours

( 12) Principles of Instruction: Audio-Visual
Aids - 8 I lours

(13) Stud"ent 10- Minute Talk and Video Cri-
tique ^ 6 Hours

( 14) Student Performance:

First Thirty-Minute Presentation

- 7 '/; Hours

Second Thirty- Minute Presentation

2 7 \'i I lours

Final Fightv-Minutc Presentation

- 12 Hours
( 15) Examination -

Hours

Note: 44te 44 hour block »f instruction fe* S4«-
dent Performance includ e s 44 hours that- we
conducted with divided groups. If t!4s block i«
conducted w44* more tlw«- 4# students m a single
group the total number »f c o ur se hours would
exceed £0 hours.

(d) The "Basic Instructor Training Manual''
as published by the North Carolina Justice
Academy is hereby adopted by reference, and
shall automatically include any later amendments
and editions of [he adopted matter as authorized
by G.S. 150B- 14(c), to apply as the basic curric-
ulum for delivery of basic instructor training
courses. Copies of this publication may be in-
spected at the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be purchased at cost from the Academy
at the following address:

North Carolina Justice Academy

Post Office Drawer 99
Salemburg, North Carolina 28385

Statutory Authority G.S. I7C-6.

.0210 RADAR INSTRUCTOR TRAINING
COURSE

(e) The "Radar Operator Training Course" as
published by the North Carolina Justice Acad-
emy is hereby adopted by reference, and shall
automatically include any later amendments and
editions of the adopted matter as authorized by
G.S. i m)B- 14(c). to appl> as basic curriculum tor
the radar instructor training course for radar in-
structors as administered by the commission.
Copies of this publication may be inspected at
the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost at the address in this
Rule.

Statutory Authority G.S. 17C-6.

.0211 CRIMINAL JUSTICE TD/SMI

INSTRUCTOR TRAINING COURSE

(d) The "Time-Distance Operator Course" as
published by the North Carolina Justice Acad-
emy is hereby adopted by reference, and shall
automatically include any later amendments and
editions of the adopted matter as authorized by
G.S. 150B- 14(c), to apply as basic curriculum for
the criminal justice time-distance speed measure-
ment instrument instructor training course for
time-distance speed measurement instructors as
administered by the commission. Copies of this
publication may be inspected at the office of the
agency:

Criminal Justice Standards Division
North Carolina Department of Justice

310

NORTH CAROLINA REGISTER

PROPOSED RULES

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost at the address in this
Rule.

Statutory Authority G.S. I7C-6.

.0212 CERTIFICATION TRAINING FOR
RADAR OPERATORS

(d) The "Radar Operator Training Course" as
published by the North Carolina Justice Acad-
emy is hereby adopted by reference, and shall
automatically include any later amendments and
editions of the adopted matter as authorized by
G.S. 150B-14(c), to apply as basic curriculum for
the radar operator training course for radar op-
erators as administered by the commission. Co-
pies of this publication may be inspected at the
office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost at the address in this
Rule.

Statutory Authority G.S. I7C-6.

.0213 CERTIFICATION TRAINING FOR
RADAR TD/SMI OPERATORS

(d) The "Time- Distance Operator Course" as
published by the North Carolina Justice Acad-
emy is hereby adopted by reference, and shall
automatically include any later amendments and
editions of the adopted matter as authorized by
G.S. 150B- 14(c), to apply as basic curriculum for
the radar and time-distance speed measurement
instrument operator training course for radar and
time-distance speed measurement instrument
operators as administered by the commission.
Copies of this publication may be inspected at
the office of the agency:

Criminal Justice Standards Division

North Carolina Deparment of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost at the address in this
Rule.

Statutory Authority G.S. I7C-6.

.0214 CERTIFICATION TRAINING FOR
TD/SMI OPERATORS

(d) The "Time- Distance Operator Course" as
published by the North Carolina Justice Acad-
emy is hereby adopted by reference, and shall
automatically include any later amendments and
editions of the adopted matter as authorized by
G.S. 150B- 14(c), to apply as basic curriculum for
the time-distance speed measurement operator
training course for time-distance speed measure-
ment operators as administered by the commis-
sion. Copies of this publication may be
inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost at the address in this
Rule.

Statutory Authority G.S. I7C-6.

.0218 RE-CERTIFICATION TRAINING FOR
RADAR INSTRUCTORS

(a) Each retraining course for certified radar
instructors shall consist of a minimum of ^0 20
hours of instruction and testing designed to pro-
vide the instructor with the skills and knowledge
to continue to proficiently perform the function
of a criminal justice instructor. This course shall
be presented within a period not to exceed one
week.

(c) Each radar instructor retraining course shall
include but not be limited to the following topic
areas and corresponding instructional hours and
incorporate the corresponding minimum trainee
performance objectives within the course curric-
ulum:

(1) Course Orientation: 2 Hours 1 Hour

(A) registration and description of course;

(B) review of the performance requirements
for successful completion of the radar in-
structor retraining course;

(2) Speed Offenses and Speed Enforcement:
2 Hours 1 Hour

(A) review of the association between speed
offenses and motor vehicle accidents;

NORTH CAROLINA REGISTER

ill

PROPOSED RULES

(B) review of speed regulations, including
origin, development of and scope of these
regulations;

(3) Basic Principles of Radar Speed Measure-
ment: 4 Hours 1 '/z Hours

(A) review of the basic operating principles
of stationary and moving radar;

(B) review of the Doppler Principle as it
relates to police radar;

(4) Legal and Operational Considerations: i
Hours 1 V'2 Hours

(A) review of case law affecting the use of
radar for speed measurement and en-
forcement;

(B) review of operator testing and calibrat-
ing procedures;

(5) Classroom Familiarization with Specific
Radar Instruments: 6 1 louro 3 Hours
Review the functions, testing, and cali-
bration procedures for each specific in-
strument.

(4f Moot Court: 2 Hours

(-Ar} review preparation trf complete aftd ef-
fective direct testimony fof radar cases;
fB-} review proper a«4 effective cross e*-
aminution responses.
<rh i£l Motor-Skill Performance Testing: 8
Hours

(A) demonstration of the ability to properly
setup, test, calibrate and operate the radar
instruments for which the instructor seeks
re-certification in accordance with criteria
specified on standardized performance
evaluation forms;

(B) demonstration of the ability to estimate
vehicular speed in accordance with criteria
specified on standardized performance
evaluation forms.

fSf {Jl North Carolina Administrative Code
and Motor-Skill Forms: 2 Hours

(A) review 12 NCAC 9 as to the require-
ments and rules relating to radar, time-
distance operator training, retraining, and
certification;

(B) review all SMI forms used in adminis-
tering radar, time-distance training and
certification courses.

(^ £8} Written Test: 2 Hours

Total: 3020 Hours
Statutory Authority G.S. 17C-6.

.0219 RE-CERTIFICATION TRAINING FOR
TD/SMI INSTRUCTORS

(a) Each retraining course for certified time-
distance speed measurement instrument
(TD/SMI) instructors shall consist of a minimum
of 44 8 hours of instruction and testing in addi-
tion to the requirements set forth in 12 NCAC
9B .0218(a). This additional W 8 hours shall
provide the instructor with the skills and know-
ledge to continue to proficiently perform the
function of a criminal justice instructor. This
course shall be presented within a period not to
exceed one week.

(b) Each applicant for the time-distance in-
structor retraining course shall:

( 1 ) Meet the minimum entry requirements of
12 NCAC 9B .0218(b) and in addition
thereto shall have successfully completed
the retraining courses of 12 NCAC 9B
.0218(c).

(2) Have been certified as a time-distance in-
structor within the three years preceding
the completion date of the retraining
course.

(c) Each time-distance instructor retraining
course shall include all topic areas specified in 12
NCAC 9B .0218(c). The additional W 8 in-
structional hours in the time-distance instructor
retraining course shall include but not be limited
to the following topic areas and corresponding
instructional hours and incorporate the corre-
sponding minimum trainee performance objec-
tives within the course curriculum:

(4-) Overview »h4 Introduction te Time Bis
tun co Speed Measurement Instruments:
4-HewF
(A-^ description ef the objectives &f t+*e
TD/SMI retraining course;

rTTy I \J f 1\J TT \7l 1 I IV I 'V, I 1 " ' I I 1 1" 1 1 W I C^J LI 1 1 V T T T~I T t~

k»f succ e ssful completion ef tke TD SMI
instructor retraining course.
f3) (_1} Basic Principles of Time-Distance
Speed Measurement Instruments: 1 Hour

(A) review of the basic principles of the
TD/SMI;

(B) review of the basic procedures used to
calibrate TD, SMI;

(4f (_2j Legal and Operational Considerations
of Time- Distance Speed Measurement
Instruments: 1 Hour

(A) review of case law affecting TD/SMI;

(B) review of required operating procedures
for TD/SMI;

312

NORTH CAROLINA REGISTER

PROPOSED RULES

(4) (3) Classroom Familiarization with Specific

lime- Distance Speed Measurement In-
struments: Vi Hour

(A) review of required testing and cali-
bration procedures for specific TD/SMI;

(B) review all functions and controls of
specific TD/SMI.

(5) Moot Court: 4- Hew

(A) roviow preparation ef complet e w*4 ef-

i\,t 1 1 " \j u ii it i i v^T n rii^rrT rrrr i i j t c " ™ I ™ ccrrr^^^y

(-ft) review proper a«4 effective orosu »*-
amination rei . pon^ e o.

(4>) [4] Motor-Skill Performance Testing: 4 '/i
Hours
demonstration of the ability to properly
setup, test, calibrate, and operate the time-
distance instrument for which the instructor
seeks re-certification in accordance with cri-
teria specified on standardized performance
evaluation forms.

f?) [51 Written Test: 1 Hour

TOTAL 4-G 8 Hours

Statutory Authority G.S. 17C-6.

.0222 RE-CERTI1 ICATION COURSE FOR
TD/SMI OPERATORS

(d) Each time-distance operator re-certification
course shall include the following topic areas and
corresponding testing hours and incorporate the
corresponding minimum trainee performance
objectives within the course curriculum:

(1) Course Orientation: Vi Hour

(A) registration and description of course;

(B) review of the performance requirements
for successful completion of the TD/SMI
operator re-certification course.

(2) Legal and Operational Considerations:
1 Vi Hours

(A) review of operator testing and cali-
bration procedures;

(B) review of accepted required operating
required procedures of time-distance in-
struments.

(3) Motor-Skill Performance Testing: 4
Hours

(A) demonstration of the ability to properly
setup, test, calibrate, and operate the
time-distance instruments for which the
operator seeks re-certification in accord-
ance with criteria specified on standard-
ized performance evaluation forms;

(B) demonstration of the ability to estimate
vehicular speed in accordance with criteria
specified on standardized performance
evaluation forms.

(4) Written Test 2 Hours

TOTAL 8 Hours

Statutory Authority G.S. 17C-6.

.0224 BASIC TRAINING - DISTRICT/COUNTY
CONFINEMENT FACILITY

The basic training course for "Jailers" as pre-
scribed in 12 NCAC 10 a* amended November
+. 44^ by the North Carolina Sheriff's Educa-
tion and Training Standards Commission is
hereby adopted by reference, and shall automat-
ically include any later amendments and editions
of the adopted matter as authorized by G.S.
1 5013- 14(c), to be the minimum basic training
course required for district and county confine-
ment facility personnel. Notice of successful
course completion issued by the Justice Officers'
Standards Division shall be sufficient to satisfy
this requirement.

Statutory Authority G.S. I7C-2; I7C-6; 17C-10.

.0226 SPECIALIZED INSTRUCTOR TRAINING
- FIREARMS

(b) Each specialized firearms instructor training
course shall be designed to provide the trainee
with the skills and knowledge to perform the
function of a criminal justice firearms instructor
in a "Basic Recruit Training — Law
Enforcement" course or a "Law Enforcement
Officer's In-Service firearms Training and Qual-
ification Program".

(1) have completed the criminal justice general
instructor training course; and,

(2) present a written endorsement by a certi-
fied school director indicating the student
will be utilized to instruct firearms in
"Basic Recruit Training -- Law Enforce-
ment" courses; or^

(3) present a written endorsement by a de-
partment head or certified school director
indicating the student will be utilized to
instruct firearms in a "1 aw Liifo'vcinent
Officer's In-Service Firearms Training and
Qualification Program."

(e) The "Specialized Firearms Instructor
Training Manual" as published by the North
Carolina Justice Academy is hereby adopted by
reference, and shall automatically include any la-
ter amendments and editions of the adopted
matter as authorized by G.S 150B- 14(c), to ap-
ply as the basic curriculum for delivery of spe-
cialized firearms instructor training courses.
Copies of this publication may be inspected at
the agency:

NORTH CAROLINA REGISTER

313

PROPOSED RULES

Criminal Justice Standards Division

North Carolina Department of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

Statutory Authority G.S. I7C-6.

.0227 SPECIALIZED INSTRUCTOR TRAINING

- DRIVING

(e) The "Specialized Driver Instructor Training
Manual" as published by the North Carolina
Justice Academy is hereby adopted by reference,
and shall automatically include any later amend-
ments and editions of the adopted matter as au-
thorized bv G.S. 150B- 14(c), to apply as the
basic curriculum for deliver,' of specialized driver
instructor training courses. Copies of this publi-
cation may be inspected at the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

Statutory Authority G.S. J7C-6.

.0228 BASIC TRAINING: WILDLIFE
ENFORCEMENT OFFICERS

(c) The "Wildlife Basic Training Manual" as
published by the North Carolina Wildlife Re-
sources Commission is hereby adopted by refer-
ence, and shall automatically include any later
amendments and editions of Hoe adopted matter
as authorized bv G.S. 150B- 14(c), to apply as the
basic curriculum for delivery of wildlife enforce-
ment officer basic training courses.

Statutory Authority G.S. J7C-6; I7C-/0.

.0231 BASIC TRAINING-PROBATION/
PAROLE INTENSIVE OFFICER

In addition to the requirements for Basic
Training for Probation Parole Officers and In-
take Officers contained in Rule .0208 of this
Section, ever)' Probation/ Parole Intensive Officer
shall complete a supplemental training course
contained in Rule .0223 of this Section, and the
4-6S 154 -hour Probation/Parole advanced train-
ing program.

Statutory Authority G.S. I7C-6.

.0232 SPECIALIZED INSTRUCTOR TRAINING

- DEFENSIVE TACTICS

(e) The "Specialized Defensive Tactics In-
structor Training Manual" published by the
North Carolina Justice Academy is hereby
adopted by reference, and shall automatically in-
clude any later amendments and editions of the
adopted matter as authorized by G.S.
150B-14(c), to apply as the basic curnculum for
delivery of specialized defensive tactics instructor
training courses. Copies of this publication may
be inspected at the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

Statutory Authority G.S. I7C-6.

.0233 SPECIALIZED INSTRUCTOR TRAINING
- PHYSICAL FITNESS

(a) The instructor training course required for
specialized physical fitness instructor certification
shall consist of a minimum of 40 hours of in-
struction presented during a continuous period
of not more than one week.

(b) Each specialized physical fitness instructor
training course shall be designed to provide the
trainee with the skills and knowledge to perform
the function of a criminal justice physical fitness
instructor in a "Basic Recruit Training — Law
Enforcement" Course.

(1) have completed the criminal justice general
instructor training course; and

(2) present a written endorsement by a certi-
fied school director indicating the student
will be utilized to instruct physical fitness
in "Basic Recruit Training — Law En-
forcement" courses; and

(3) present a letter from a physician stating
fitness to participate in the course.

(d) Each specialized physical fitness instructor
training course shall include as a minimum the
following identified topic areas and niimmum
instructional hours for each area:

(1) Orientation - 1 Hour

(2) Lesson Plan Review - 2 Hours

(3) Physical Fitness Assessments, Exercise
Programs and Instructional Methods - 26
Hours

(4) Injury Care and Prevention - 3 Hours

(5) Nutrition - 3 Hours

(6) Civil Liabilities for Trainers - 3 Hours

(7) Examination - 2 Hours

314

NORTH CAROLINA REGISTER

PROPOSED RULES

(d) The "Physical Fitness Instructor Training
Manual" as published by the North Carolina
Justice Academy is hereby adopted by reference,
and shall automatically include any later amend-
ments and editions of the adopted matter as au-
thorized by G.S. 150B- 14(c), to apply as the
basic curriculum for delivery of specialized phys-
ical fitness instructor training courses. Copies of
this publication may be inspected at the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

(e) Commission-accredited schools that are
accredited to offer the "Specialized Instructor
Training -- Physical Fitness" course are: The
North Carolina Justice Academy.

Statutory Authority G.S. 17C-6.

SECTION .0300 - MINIMUM STANDARDS FOR
CRIMINAL JUSTICE INSTRUCTORS

.0304 SPECIFIC INSTRUCTOR
CERTIFICATION

(a) The commission may issue a Specific In-
structor Certification to an applicant who has
developed specific motor-skills and abilities by
virtue of special training and demonstrated expe-
rience in one or more of the following topical
areas:

(1) Defensive Tactics

(2) Emergency Medical Services

(3) Firearms

(4) Law Enforcement Driver Training

( 5 ) Physical Activities Physical Fitness

(6) Firearms (DOC)

(7) Unarmed Self-Defense (DOC/DYS)

(8) Medical Emergencies (DYS)

(b) To qualify for Specific Instructor Certif-
ication, with the exception of the Emergency
Medical Services and the Physical Fitness topical
area as outlined in Rule .0304(c) and (d) of this
Section, an applicant, as a minimum, must meet
the following requirements:

(1) hold General Instructor Certification, ei-
ther probationary status or full general
instructor status, as specified in Rule
.0303 of this Section; and

(2) successfully complete the pertinent com-
mission-approved specific instructor
training course; ef and

(3) obtain the recommendation of a commis-
sion-recognized school director.

(c) To qualify for Specific Instructor Certif-
ication in the Emergency Medical Services top-
ical area, an applicant is not required to meet the
standards for issuance of General Instructor Cer-
tification, but as a minimum, must qualify
through one of the following two options:

(1) The first option is^

(A) (44 hold current CPR instructor certif-
ication through either the American Red
Cross or the American Heart Association;
and

(B) (24 hold current basic Emergency Med-
ical Technician certification; and

(C) (34 have successfully completed the De-
partment of Transportation's 40 hour
EMT Instructor Course or equivalent
within the last three years or hold a cur-
rent North Carolina teaching certificate.
ef

(2) The second option is^

(A) (44 hold General Instructor Certif-
ication, either probationary status or full
general instructor status, as specified in
Rule .0303 of this Section; and

(B) (-$4 hold current CPR instructor certif-
ication through either the American Red
Cross or the American Heart Association;
and

(d) To qualify for Specific Instructor Certif-
ication in the Physical Fitness topical area, an
applicant may become certified through one of
the following two methods:

(1) The first method is.

(A) hold General Instructor Certification,

either probationary status or full general
instructor status, as specified in Rule
03(13 of this Section: am!

(B) successfully complete the pertinent
commission-approved specific instructor
training course; and

(2) The second method is^

(A) successfully complete the pertinent
commission-approved specific instructor
training course; and
( B I obi. tin the recommendation of a com-
mission-recognized school director; and
(C) in addition to the requirements of both
(2), (A) and (B) of this Rule, the applicant
must meet one of the following qualifica-
tions:
(i) hold a current and valid North Ca-
rolina Teachers Certificate and hold a
minimum of a baccalaureate degree in
physical education and be actively

NORTH CAROLINA REGISTER

315

PROPOSED RULES

teaching in physical education topics;
or
(li) be presently instructing physical ed-
ucation topics in a community college,
college or university and hold a mini-
mum of a baccalaureate degree in phy-
sical education.
(ei Any existing commission-issued "Specific
Instructor Certification - Physical Fitness" issued
1^S9 is automatically extended

prior to July
with an expiration date of June 31), 1990. Any
General Instructor haying successfully completed
the Specialized Physical Fitness Instructor
Course and not haying made application, must
apply prior to July L 1991) m order for such
course to be recognized for certification.

fd+ (J) To qualify for Specific Instructor Certif-
ication in the State Youth Services Medical
Emergencies topical area, an applicant is not re-
quired to meet the standards for issuance of
General Instructor Certification, but as a mini-
mum, must qualify in the following manner:

( 1 ) haye successfully completed a commis-
sion-accredited basic instructor training
course or an equivalent instructor training
course as determined by the commission
within the 24 month period preceding ap-
plication; and

(2) hold current instructor certification in
CPR and First Aid by fulfillment of the
American Red Cross Instructor require-
ments.

Statutory Authority G.S. I7C-6.

.0305 TERMS AND CONDITIONS OF
SPECIFIC INSTRUCTOR
CERTIFICATION

(a) An applicant meeting the requirements for
certification as a specific instructor shall, for the
first 12 months of certification, be in a proba-
tionary status. The Specific Instructor Certif-
ication, Probationary Status, shall automatically
expire 12 months from the date of issuance.

(b) The probationary - instructor will be eligible
for full specific instructor status at the end of the
probationary period if the instructor, through
application, submits to the commission:

( 1 ) a favorable recommendation from a school
director accompanied by certification on
a commission-approved Instructor Evalu-
ation Form that the instructor taught at
least four hours in each of the topics for
which Specific Instructor Certification,
Probationary Status, was granted. Such
instruction must have occurred in a com-
mission-accredited course during the pro-
bationary' period. The results of the

student evaluation must be considered by
the school director when determining the
recommendation; or

(2) a favorable written evaluation by a com-
mission or staff member, based on an on-
site classroom evaluation of the
probationary instructor in a commis-
sion-accredited course. Such evaluation
will be certified on a commission-ap-
proved Instructor Evaluation Form com-
pleted for each of the topics where the
probationary instructor taught a mini-
mum of four hours and for which Specific
Instructor Certification was granted; or

(3) a favorable recommendation from a school
director accompanied by certification on
a commission-approved instructor Evalu-
ation Form that the instructor taught at
least four hours during the probationary
penod in a law enforcement officers' in-
service firearms training and qualification
program. Such instruction must have
occurred in a program that meets the
specifications outlined in Rules 9E .0105
and 9F .0106 or 12 NCAC 10B .2000; or

(4j £3) in the case of the Department of Cor-
rection's Specialized Firearms Instructors
and Specialized Unarmed Self-Defense
Instructors, a favorable written evaluation
by a commission or staff member, or a
staff member or designee of the Office of
Staff Development and Training of the
Department of Correction, based on an
on-site classroom evaluation of the pro-
bationary instructor in a commission-ac-
credited course or a commission-approved
DOC in-service firearms or unarmed self-
defense course. Such evaluation will be
certified on a commission-approved In-
structor Evaluation Form completed for
each of the topics where the probationary
instructor taught a minimum of four
hours and for which Specific Instructor
Certification was granted; or

(5) f4} in the case of the Division of Youth
Services' Specialized Unarmed Self-De-
fense Instructors and State Youth Services
Medical Emergencies Instructors, a favor-
able written evaluation by a commission
or staff member, or a Staff Development
Specialist of the Division of Youth Ser-
vices, based on an on-site classroom eval-
uation of the probationary instructor in a
commission-accredited course. Such

evaluation will be certified on a commis-
sion-approved Instructor Evaluation
Form completed for the topic where the
probationary instructor taught a mini-

316

NORTH CAROLINA REGISTER

PROPOSED RULES

mum of four hours and for which Specific
Instructor Certification was granted,
(c) The term of certification as a full specific
instructor is two years from the date the com-
mission issues the certification. The certification
may subsequently be renewed by the commission
for two-year periods. The application for re-
newal shall contain, in addition to the require-
ments listed in Rule .0304 of this Section,
documentary evidence that the applicant has re-
mained active in the instructional process during
the previous two-year period. Such documentary
evidence shall include, at a minimum, the fol-
lowing:

(1) proof that the applicant has, within the
two-year period preceding application for
renewal, instructed at least four hours in
each of the topics for which Specific In-
structor Certification was granted and
such instruction must be in a commis-
sion-accredited training course. Accepta-
ble documentary evidence shall include
official commission records submitted by
school directors and written certification
from a school director; and either

(2) a favorable written recommendation from
a school director accompanied by certif-
ication that the instructor successfully
taught at least four hours in each of the
topics for which Specific Instructor Cer-
tification was granted. Such teaching
must have occurred in a commission-ac-
credited training course during the two-
year period of Specific Instructor
Certification; or

(3) a favorable evaluation by a commission
or staff member, based on an on-site
classroom evaluation of a presentation by
the instructor in a commission-accredited
training course, during the two-year pe-
riod of Specific Instructor Certification.
In addition, instructors evaluated by a
commission or staff member must also
teach at least four hours in each of the
topics for which Specific Instructor Cer-
tification was granted; or

(4) a favorable recommendation from a school
director accompanied by certification on
a commission-approved Instructor revalu-
ation Form that the instructor successfully
taught at least four hours in a law en-
forcement officers' in-service firearms
training and qualification program during
the two-year period of Specific Instructor
Certification. Such instruction must have
occurred in a program that meets the
specifications outlined in Rules 9E .0105
and 9E .0106 or 12 NCAC 10B .2000; or

(5) (4) in the case of the Department of Cor-

rection's Specialized Firearms Instructors
and Specialized Unarmed Self- Defense
Instructors, a favorable evaluation by a
commission or staff member, or a staff
member or designee of the Office of Staff
Development and Training of the De-
partment of Correction, based on an on-
site classroom evaluation of the instructor
in a commission-accredited training
course or a commission-approved DOC
in-service firearms or unarmed self-defense
course. The instructor must have taught
a minimum of four hours in each of the
topics for which full Specific Instructor
Certification was granted for the two-year
period, or

(6) f§) in the case of the Division of Youth

Services' Specialized Unarmed Self- De-
fense Instructors and State Youth Services
Medical Emergencies Instructors, a favor-
able written evaluation by a commission
or staff member, or a Staff Development
Specialist of the Division of Youth Ser-
vices, based on an on-site classroom eval-
uation of the instructor in a
commission-accredited training course.
The instructor must have taught a mini-
mum of four hours in the topic for which
full Specific Instructor Certification was
granted for the two-year period.

(d) All instructors shall remain active during
their period of certification. If an instructor does
not teach at least four hours in each of the topic
areas for which certification is granted, the certif-
ication shall not be renewed for those topics in
which the instructor failed to successfully teach.
Any specific instructor training courses previ-
ously accepted by the commission for purposes
of certification shall no longer be recognized if
the instructor does not successfully teach at least
four hours in each of the specific topics during
the two-year period of which certification was
granted. Upon application for re-certification,
such applicants shall be required to meet the mi-
nimum requirements of Rule .0304 of this Sec-
tion.

(e) The use of guest participants in a delivery
of the "Basic Recruit Training—Law Enforce-
ment Course" is permissible. However, such
guest participants are subject to the direct on-site
supervision of a commission-certified instructor
and must be authorized by the school director.
A guest participant shall only be used to com-
plement the primary certified instructor of the
block of instruction and shall in no way replace
the primary instructor.

NORTH CAROLINA REGISTER

317

PROPOSED RULES

Statutory Authority G.S. I7C-6.

.0310 TERMS AND CONDITIONS - SMI
INSTRUCTORS

(a) The term of a radar instructor or a radar
and time-distance speed measurement instrument
instructor is two years from the date the com-
mission issues the certificate, unless sooner ter-
minated by the commission. The certificate may
be renewed for subsequent three year periods.
The SMI instructor desiring renewal shall:

(1) Hold general instructor certification as re-
quired" in 12 NCAC 9B .0303.

(2) Have been active in the SMI instructional
process during the previous twe yea? cer-
tification period.

(3) Successfully complete a commission-ap-
proved SMI instructor re-certification
course as required in 12 NCAC 9B .0218
or .0219.

(b) All SMI instructors seeking re-certification
shall successfully complete the re-certification
course within 1 2 months from expiration of the
initial certification period or re-certification pe-
riod, but not sooner than six months prior to the
expiration of the previous certification. If re-
certification training is not obtained within the
12-month period, successful completion of the
appropriate instructor training program as re-
quired in 12 NCAC 9B .0308 will be required to
obtain instructor certification. This prescribed
12-month period does not extend the instructor
certification period.

Statutory Authority G.S. I7C-6.

SECTION .0400 - MINIMUM STANDARDS FOR
COMPLETION OF TRAINING

.0401 TIME REQUIREMENT FOR

COMPLETION OF TRAINING

(a) Each criminal justice officer, with the ex-
ception of law enforcement officers, holding
temporary or probationary certification shall sat-
isfactorily complete a commission-accredited ba-
sic training course which includes training in the
skills and knowledge necessary to perform the
duties of his office. The officer shall complete
such course within one year from the date of his
original appointment as determined by the date
of the temporary or probationary certification.

(b) Each law enforcement officer, except alco-
hol law enforcement agents, holding temporary
Bf probationary certification shall h* addition te>
having satisfactorily completed the pre service
basic training course a* proscribed i» 44 NCAC
Oft 0205(b). have satisfactorily completed in its
entirety the accredited basic training course as
prescribed in 12 NCAC 9B .0205 &, (b) prior

to obtaining probationary certification, ^T-he e4-
fi*ef shall complete - ouch course within e«e yeaf
from t4*e date &f ht* original appointment as de-
termined by the date »f the temporary »f proba
tionary certification.

(c) Each alcohol law enforcement agent hold-
ing temporary or probationary certification shall,
in addition to having satisfactorily completed the
pre-service basic training course as prescribed in
12 NCAC 9B .0205(b) or having satisfactorily
completed the first eleven weeks of the Basic
Training: Alcohol Law Enforcement Agent's
course stipulated in 12 NCAC 9B .0217(b), sat-
isfactorily complete in its entirety the accredited
basic training course as prescribed in 12 NCAC
9B .0217(b). The agent shall complete such
course within one year from the date of his ori-
ginal appointment as determined by the date of
the temporary or probationary certification.

(d) If a law enforcement officer completed the
basic training course prior to being employed as
a law enforcement officer, the officer shall be
sworn within one year of the completion of
training for that training to be recognized under
these Rules.

(e) If local confinement personnel complete
basic training prior to being employed by a facil-
ity, such personnel shall be appointed within one
year of the completion of training for that train-
ing to be recognized under these Rules.

Statutory Authority G. S. 17C-2; 17C-6; 17C-10.

.0403 EVALUATION FOR TRAINING WAIVER

(a) The division staff shall evaluate each law
enforcement officer's training and experience to
determine if equivalent training has been satis-
factorily completed as specified in Rule .0402(a).
Applicants for certification with prior law en-
forcement experience shall have been employed
in a full-time, sworn law enforcement position in
order to be considered for training evaluation
under this Rule. Applicants for certification with
a combination of full-time and part-time experi-
ence shall be evaluated on the basis of the full-
time experience only. The following criteria shall
be used by division staff in evaluating a law en-
forcement officer's training and experience to de-
termine eligibility for a waiver of training
requirements:

( 1 ) Persons having completed a commis-
sion-accredited pre service basic training
program and not having been duly ap-
pointed as a sworn law enforcement offi-
cer within one year of completion of the
program shall complete a subsequent
commission-accredited pr e s e rvic e basic
training program in its entirety prior to

318

NORTH CAROLINA REGISTER

PROPOSED RULES

obtaining probationary law enforcement
certification.

(2) Persons who separated from law enforce-
ment employment during their proba-
tionary period and who have been
separated from a sworn law enforcement
position for more than one year shall
complete a subsequent pro ni'rvico basic
training program in its entirety prior to
obtaining another probationary certif-
ication.

(3) Out-of-state transferees shall be evaluated
to determine the amount and quality of
their training and experience. Out-of-
state transferees cannot have a break in
service exceeding one year. At a mini-
mum, out-of-state transferees shall ha-
vetwo years full-time, sworn law
enforcement experience and have success-
fully completed a basic law enforcement
training course accredited by the State
from which he is transferring. At a mini-
mum, out-of-state transferees shall suc-
cessfully complete a
commission-accredited training program
which includes the following enumerated
topics of North Carolina law and proce-
dure and shall successfully pass the State
Comprehensive Examination in its en-
tirety within the 12 month probationary
period as prescribed in 12 NCAC 9B
.0401(b).

Laws of Arrest, Search

and Seizure - 16 Hours
Elements of Criminal

Law - 24 Hours
Juvenile I^aws and

Procedures - 8 Hours
Controlled Substances - 6 Hours
ABC l^ws and Procedures - 4 Hours
Motor Vehicle Laws - 20 Hours
Firearms Qualification (only)

(Handgun and Shotgun Courses)

Total - 78 Hours

(4) Poroons »«t &( the taw enforcement pro
fossion Persons who have completed a
minimum 369-hour basic law enforcement
training program accredited by the North
Carolina Criminal Justice Education and
Training Standards Commission under

guidelines administered beginning October
1^ 1984 and have been separated from a
sworn position for over one year but less
than three years who have had a mini-
mum of two years experience as a full-

time, sworn law enforcement officer in
North Carolina shall successfully com-
plete the refresher training enumerated in
Item .0403(a)(3) and shall successfully
pass the State Comprehensive Examina-
tion in its entirety within the 12 month
probationary' period as prescribed in 12
NCAC 9B 0401(b).

(5) Persons out of the law enforcement pro-
fession for over one year but less than
three years who have had less than two
years experience as a full-time, sworn law
enforcement officer in North Carolina
shall complete a commission-accredited
basic training program in its entirety and
successfully pass the State Comprehensive
Examination, within the 44 month pfe-
butionary period as prescribed i» 4-3
NCAC m .0101(b).

(6) Persons out of the law enforcement pro-
fession for over three years regardless of
prior training or experience shall complete
a commission-accredited basic training
program in its entirety and shall success-
fully pass the State Comprehensive Ex-
amination, within the 4-3 month
probationary period as prescribed i» 4-3
NCAC OB .0101(b).

(7) Persons having completed a commis-
sion-accredited basic training program and
not having been duly appointed as a
sworn law enforcement officer within one
year of completion of the basic training
program shall complete a subsequent
commission-accredited basic training pro-
gram in its entirety and successfully pass
the State Comprehensive Examination.
within the 43 month probationary period
as proscribed m U NCAC QB .0 101(b).

(8) Persons who separated from law enforce-
ment employment during their proba-
tionary period after having completed a
commission-accredited basic training pro-
gram and who have separated from a
sworn law enforcement position for more
than one year shall complete a subsequent
commission-accredited basic training pro-
gram in its entirety and successfully pass
the State Comprehensive Examination.
within the 4-3 month probationary period
**, nrer.crihed m 4-3 NCAC. £LB 101 1 hi

(9) Persons who separated from a sworn law
enforcement position during their proba-
tionary period after having successfully
paosod the State Comprehensive Exam
ination co mplete d a commission-accre-

dited basic

program and who

have separated from a sworn law enforce-

NORTH CAROLINA REGISTER

PROPOSED RULES

ment position for less than one year shall
serve a new 12 month probationary pe-
riod, but need not complete an additional
training program.

(10) Persons who have completed a minimum
160-hour basic law enforcement training
program accredited by the North Carolina
Criminal Justice Training and Standards
Council under guidelines administered
beginning on July 1, 1973 and continuing
through September 30, 1978 and who
have separated from a sworn law enforce-
ment position for over one year but less
than two years shall be required to com-
plete the following portions of a commis-
sion-accredited basic training program and
successfully pass the State Comprehensive
Examination within the 12 month proba-
tionary period as prescribed in 12 NCAC
9B .0401(b).

Juvenile laws ttftd Procedures - & Houro

Firearms - 40 Houro

Patrol Technique - 44 Hours

Crisis Management - 4-0 Houro

Deviant Behavior - 44 Hours

Criminal Investigations - 3& Hours

Electrical a«4 Hazardous Material

Emergencies - 6 Hours
l-*iw- Enforcement Driver

Training - 44 Hours
laws of Arrest,

Search and Seizure - \6 Hours
Elements of Criminal Law -_ 24 Hours
Juvenile Laws and

Procedures - 8 Hours
Controlled Substances - 6 Hours
ABC 1 aws and Procedures - 4 Hours
Motor Vehicle I aws - 20 1 lours
Law Enforcement Driver

Training - ]_6 Hours
Firearms Qualification (Handgun

and Shotgun Courses)

Total 94 Hours

(11) Persons who have completed a minimum
160-hour basic law enforcement training
program accredited by the North Carolina
Criminal Justice Training and Standards
Council under guidelines administered
beginning on July 1, 1973 and continuing
through September 30, 1978 and have
been separated from a swom law enforce-
ment position for over two years shall be
required to complete a current commis-
sion-accredited basic training program in
its entirety regardless of training and ex-
perience and shall successfully pass the

State Comprehensive Examination.
within the +3 month probationary period
as prouonbod m 43 NCAC 9ft 0101(b).

(12) Persons who have completed a minimum
240-hour basic law enforcement training
program accredited by the North Carolina
Criminal Justice Education and Training
Standards Commission under guidelines
administered beginning October 1, 1978
and continuing through September 30,
1984 and have been separated from a
sworn position over one year but less than
three years shall be required to complete
the following portions of a commission-
accredited basic training program and
successfully pass the State Comprehensive
Examination within the 12 month proba-
tionary period as prescribed in 12 NCAC
9B .0401(b).

Laws of Arrest,

Search and Seizure - 16 Hours
Elements of Criminal Law - 24 Hours
Juvenile Laws and

Procedures - 8 Hours
Deviant Bohavior - 44? Hours
Controlled Substances - 6 Hours
ABC Laws and Procedures - 4 Hours
Motor Vehicle Laws - 20 Hours
Firearms Qualification(efl4y)
(Handgun and Shotgun Courses)

Total 78 Hours

(13) Persons who have completed a minimum
240-hour basic law enforcement training
program accredited by the North Carolina
Criminal Justice Education and Training
Standards Commission under guidelines
administered beginning October 1, 1978
and continuing through September 30,
1984 and have been separated from a
sworn position over three years shall be
required to complete a current commis-
sion-accredited basic training program in
its entirety regardless of prior training and
experience and shall successfully pass the
State Comprehensive Examination.
within the 4-3 month probationary period
as proscribed t» 43 NCAC OB .0101(b).

(14) Persons previously holding law enforce-
ment certification in accordance with G.S.
17C- 10(a) who have been separated from
a swom law enforcement position for over
one year and who have not previously
completed a minimum 160-hour basic law
enforcement training program accredited
by the North Carolina Criminal Justice
Training and Standards Council under

320

NORTH CAROLINA REGISTER

PROPOSED RULES

guidelines administered beginning on July
1, 1973 and continuing through Septem-
ber 30, 1978 or have not previously com-
pleted a minimum 240-hour basic law
enforcement training program accredited
by the North Carolina Criminal Justice
Education and Training Standards Com-
mission under guidelines administered be-
ginning on October 1, 1978 and
continuing through September 30, 1984
shall be required to complete a commis-
sion-accredited basic training program in
its entirety and shall successfully pass the
State Comprehensive Examination.
within t4w 44 month probationary period
a* prescribed m 44 NCAC OR .0401(b).

(15) Persons who have completed training as
a federal law enforcement officer and are
appointed as a sworn law enforcement
officer in North Carolina shall be required
to complete a commission-accredited ba-
sic training program in its entirety and
shall successfully pass the State Compre-
hensive Examination. within the 44
month probationary period a* prescribed
i» U NCAC Oft .0101(b) regardless ef
previous federal training «*4 experience.

(16) Applicants with part-time experience
who have a break in service in excess of
one year shall serve a new probationary
period as prescribed in 12 NCAC 9B
.0401(b) and shall complete a commis-
sion-accredited basic training program in
its entirety and shall successfully pass the
State Comprehensive Examination.
within tke prescribed probationary period.

(17) Applicants who hold or previously held
certification issued by the North Carolina
Sheriffs' Education and Training Stand-
ards Commission shall be subject to eval-
uation of their prior training and
experience on an individual basis. The
division stall shall determine the amount
of training required of these applicants.

(18) Alcohol law enforcement agents who se-
parate from employment with the Divi-
sion of Alcohol Law Enforcement and
transfer to another law enforcement
agency in a sworn capacity shall be sub-
ject to evaluation of their prior training
and experience on an individual basis.
The division staff shall determine the
amount of training required of these ap-
plicants.

(19) Wildlife enforcement officers who sepa-
rate from employment with the Wildlife
Enforcement Division and transfer to an-
other law enforcement agency in a sworn

capacity shall be subject to evaluation of
their prior training and experience on a
individual basis. The division staff shall
determine the amount of training required
of these applicants.

Statutory Authority G.S. I7C-2; 17C-6; 17C-I0.

.0404 TRAINEE ATTENDANCE

(a) Each trainee enrolled in an accredited "Ba-
sic Recruit Training — Law Enforcement" course
&f a Pre Service Training courso t*F a Probation
af¥ Training course shall attend all class sessions.
The trainee's department head shall be responsi-
ble for the trainee's regular attendance at criminal
justice training courses in which the trainee is
enrolled.

Statutory Authority G. S. 17C-2; 17C-6; 17C-10.

.0405 COMPLETION OE BASIC TRAINING
- LAW ENFORCEMENT COURSE

(a) Each delivery of an accredited basic recruit
training course is considered to be a unit. Each
trainee shall attend and satisfactorily complete
the full course during a scheduled delivery. The
Director of the Standards Division may issue
prior written authorization for a specified train-
ee's limited enrollment in a subsequent delivery
of the same course where the trainee provides
evidence that:

(1) The trainee attended and satisfactorily
completed specified class hours and topics
of the "Basic Recruit Training -- Law
Enforcement" course »f Ae Pr e Sen ice
Training course ef the Probationary
Training course but through extended ab-
sence occasioned by illness, accident,
emergency, or other good cause was ab-
sent for more than 10 percent of the total
class hours of the course offering; or

(2) The trainee was granted excused absences
by the school director that did not exceed
ten percent of the total class hours for the
course offering and the school director
could not schedule appropriate make-up
work during the current course offering as
specified in Rule 9B .0404(c), due to valid
reasons; or

(3) The trainee participated in an accredited
course but had an identified deficiency in
essential knowledge or skill in either one,
two or three, but no more than three, of
the specific topic areas incorporated in
course content as prescribed under Rule
9B .0205.

(4*4 Aft authorization e4- limit e d enrollment i»
a subsequent d e livery »£ t4*e Probationary Train

NORTH CAROLINA REGISTER

321

PROPOSED RULES

tog course may Bet- be i&ouod by- toe Dirootor
unions ift addition to the ovidonoo required by
Paragraph (a) ef tois Rule:
(44. : Pbe department hoad ef tbe agoncy em-
ploying toe trainoo oubmito a writton Fe-
quost to toe Director, justifying toe
limited enrollment em4 oortifying tbet toe
trainoo 's subsoquont onrollmont with
oommonoomont ef activo course partic
i potion shall be accomplished within the
period ef toe trainee's probationary cert if
ication; &ft4
(4) T4*» school director ef toe previous couroo
offering submits to toe Dirootor ft cortif
ication ef toe particular topics aft4 class
hours attended a«4 satisfactorily com
pleted by toe trainoo during toe original
e nrollment.
fe) (bj An authorization of limited enrollment
in a subsequent delivery of the "Basic Recruit
Training -- Law Enforcement" course ©* toe
Pr e S e rvic e Training cours e may not be issued
by the director unless in addition to the evidence
required by Paragraph (a) of this Rule:

(1) The school director of the previous course
offering submits to the director a certif-
ication of the particular topics and class
hours attended and satisfactorily com-
pleted by the trainee during the original
enrollment; and

(2) The trainee makes written application to
the director for authorization of limited
enrollment.

(44 (c} An authorization of limited enrollment
in a subsequent course delivery permits the trai-
nee to attend an offering of the "Basic Recruit
Training -- Law Enforcement" course com-
mencing within 120 calendar days from the last
date of trainee participation in prior course de-
livery.

(1) The trainee need only attend and satisfac-
torily complete those portions of the
course which were missed or were identi-
fied by the school director as areas of
trainee deficiency in the prior course par-
ticipation.

(2) Following proper enrollment in the sub-
sequent course offering, scheduled class
attendance, and active participation with
satisfactory achievement in the course, the
trainee would be eligible for adminis-
tration of the comprehensive written ex-
amination by the commission and
possible certification of successful course
completion.

(e+ (d) A trainee who is deficient in four or more
subject-matter or topical areas at the conclusion

of the course delivery shall complete a subse-
quent program in its entirety.

Statutory Authority G. S. 17C-6; PC- 10.

.0406 COMPREHENSIVE WRITTEN

EXAMINATION-BASIC RECRUIT
TRAINING

(a) At the conclusion of a school's offering of
the "Basic Recruit Training — Law
Enforcement" course in its entirety, e* at toe
conclusion ef- each ooparablo f**rt ef toe courso:
to wit? Pr e Sorvic e Training a*4 Probationary
Training an authorized representative of the
commission shall administer a comprehensive
written examination to each trainee who has sat-
isfactorily completed all of the required course
work. A trainee cannot be administered the
comprehensive written examination until such
time as all of the pertinent course work is com-
pleted.

Statutory Authority G. S. 17C-6; I7C-/0.

.0407 SATISFACTION OF MINIMUM
TRAINING REQUIREMENTS

To satisfy the minimum training requirements
for certification as a law enforcement officer, a
trainee shall:

(1) achieve a score of 70 percent correct an-
swers on the commission - administered
comprehensive written examination, (e}
provided in Rule .0406 of this Subchapter;

(2) demonstrate successful completion of an
accredited offering of the "Basic Recruit
Training — Law Enforcement" course e*
each ef rt& frwe separata parts as shown by
the certification {&} of the school director; (s^

(3) demonstrate proficiency in all motor-skill
and performance subjects by achieving the
minimum passing grades as specifically es-
tablished in each of the topical areas in the
commission - adopted "Basic Law Enforce-
ment Training Manual"; and

(4) obtain the recommendation {&} of the
trainee's school director (s4, that the trainee
possesses at least the minimum degree of
general attributes, knowledge, and skill to
function as an inexperienced law enforce-
ment officer.

Statutory Authority G. S. 17C-6; 17C-10.

.0414 COMPREHENSIVE WRITTEN EXAM

-SPECIALIZED INSTRUCTOR TRAINING

(a) At the conclusion of a school's offering of
the "Specialized Instructor Training - Firearms"
course, the "Specialized Instructor Training -
Driving" course, the "Specialized Instructor

322

NORTH CAROLINA REGISTER

PROPOSED RULES

Training - Defensive Tactics" course, the "Spe-
cialized Instructor Training - Physical Fitness"
course, the "Radar Instructor Training Course,"
the "Criminal Justice TD/SMI Instructor Train-
ing Course," the "Re-Certification Training for
Radar Instructors" course, and the "Re-Certifi-
cation Training for TD/SMI Instructors" course,
in its entirety, an authorized representative of the
commission shall administer a comprehensive
written examination to each trainee who has sat-
isfactorily completed all of the required course
work. A trainee cannot be administered the
comprehensive written examination until such
time as all of the pertinent course work is com-
pleted.

Statutory Authority G.S. 17C-6; 17C-10.

.0415 SATISFACTION OF MINIMUM
TRAINING - SPECIALIZED
INSTRUCTOR

(a) To acquire successful completion of the
"Specialized Instructor Training - Firearms"
course, the "Specialized Instructor Training -
Driving" course, af>4 the "Specialized Instructor
Training - Defensive Tactics" course, and the
"Specialized Instructor Training ; Physical Fit-
ness" course, the trainee shall:

(1) satisfactorily complete all required course-
work as specified in the course abstract of
the "Specialized Firearms Instructor
Training Manual," the "Specialized Dri-
ver Instructor Training Manual," a«4 the
"Specialized Defensive Tactics Instructor
Training Manual," and the "Specialized
Physical Fitness Instructor Training Ma-
nual" as published by the North Carolina
Justice Academy; and,

(2) demonstrate proficiency in all required
motor-skill and performance subjects as
specified in each specialized instructor
training manual; and,

(3) achieve a score of 75 percent correct an-
swers on a comprehensive written exam-
ination.

Statutory Authority G.S. 17C-6; 17C-I0.

SECTION .0600 - CERTIFICATION OF

POSTSECONDARY CRIMINAL JUSTICE

EDUCATION PROGRAMS

.0603 LEVELS OF APPROVAL

(b) The "Certification Guidelines Manual For
Postsecondary Criminal Justice Programs" as
published by the commission is hereby adopted
by reference, and shall automatically include any
later amendments and editions of the adopted
matter as authorized by G.S. 15013- 14(c), to

provide specific information about the postse-
condary criminal justice education certification
process as administered by the commission.
Copies of this publication may be inspected at
the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Standards
Division.

Statutory Authority G.S. l7C-6(b)( 10).

SUBCHAPTER 9C - ADMINISTRATION OF

CRIMINAL JUSTICE EDUCATION AND

TRAINING STANDARDS

SECTION .0300 - CERTIFICATION OF
CRIMINAL JUSTICE OFFICERS

.0303 PROBATIONARY CERTIFICATION

(d) Before a prospective law enforcement offi-
cer, except alcohol law enforcement agents ap-
pointed by the Secretary of Crime Control and
Public Safety as authorized under General Stat-
utes 18B-500, can be issued a probationary cer-
tification, the prospective officer must have
successfully completed the required Pro Servic e
basic training course stipulated in 1 2 NCAC 9B
.0205(b).

(e) Before a prospective alcohol law enforce-
ment agent can be issued a probationary certif-
ication, the prospective officer must have
successfully completed the required Pro Service
basic training course stipulated in 12 NCAC 9B
.0205(b) or must have successfully completed the
first eleven weeks of the Basic Training: Alcohol
Law Enforcement Agent's course stipulated in
12 NCAC 9B .0217(b).

Statutory Authority G.S. 17C-6; 17C-10.

.0304 GENERAL CERTIFICATION

(d) General certification is continuous from the
date of issuance, so long as:

(1) The certified officer remains continuously
employed or appointed as a criminal jus-
tice officer in good standing with an
agency and the certification has not been
terminated for cause; or

(2) The certified officer, having separated in
good standing from a criminal justice
agency, is re-appointed or re-employed as
a criminal justice officer within one vear,

NORTH CAROLINA REGISTER

323

PROPOSED RULES

and the certification has not been termi-
nated for cause; and
(3) The certified officer meets the in-service
training requirements as prescribed in 12
NCAC 9E during each full calendar year
of certification.

Statutory Authority G.S. I7C-2; 17C-6; I7C-I0.

.0306 LATERAL TRANSFER OF LAW
ENFORCEMENT OFFICERS

(b) Prior to transfer of certification, the law
enforcement officer shall:

(1) complete a Medical History Statement
Form within 1 20 days prior to the transfer
to the employing agency;

(2) submit to examination by a physician li-
censed to practice medicine in North Ca-
rolina in the same manner prescribed for
non-certified new applicants in 12 NCAC
9B .0104 within 120 days pnor to the
transfer to the employing agency;

(3) submit results of the physical examination
to the employing agency for placement in
the officer's permanent personnel file; and

(4) submit a copy of the commissions annual
in-service training report form to the em-
ploying agency for placement in the offi-
cer's permanent personnel file when the
duty and off duty weapon(s) remain the
same as those previously used to qualify.
Such in-service training compliance must
have occurred within the 12 month period
preceding transfer; or

ytti^tdctpnlv complete the emplo\ ing
agency's in-service firearms training pro-
gram as prescribed in Rules 9E .0105 and
9E .0106.

15)

Statutory Authority G.S. 17C-6; I7C-10.

.0307 AGENCY RETENTION OF RECORDS OF
CERTIFICATION

Each agency shall place in personnel files the
official notification from the commission of ei-
ther probationary or general certification for each
criminal justice officer employed or appointed by
the agency. Such files shall be available for twt-
aminiation examination at any reasonable time
by representatives of the commission for the
purpose of verifying compliance with these
Rules. The personnel files shall also contain:

(1) the officer's Personal History Statement;

(2) the officer's Medical History Statement and
Medical Examination Report;

(3) a written summary of the Background In-
vestigation conducted on the officer;

(4) a written summary of the officer's Quali-
fications Appraisal Interview;

(5) documentation of the officer's educational
achievements;

(6) documentation of all criminal justice train-
ing completed by the officer; a«4

(7) the results of the officer's fingerprint record
check; and

(8) for the law enforcement officer, documen-
tation on a commission-approved form that
the officer has completed the minimum in-
service training as required.

Statutory Authority G.S. 17C-2; 17C-6; I7C-10.

.0310 AGENCY REPORTING OF DRUG
SCREENING RESULTS

(a) Each agency shall report to the Criminal
Justice Standards Division all positive results of
drug screening obtained pursuant to 12 NCAC
9B .0101(5).

(b) Each agency, if it conducts a drug screen for
other than an applicant physical or a lateral
transfer physical, shall report to the Criminal
Justice Standards Division to the extent the drug
screen conducted conforms to 12 NCAC 9B
.0101(5)(a), (c), (e), and(f).

Statutory Authority G.S. 17C-6: 17C-10.

SECTION .0500 - MINIMUM STANDARDS FOR

ACCREDITATION OF ASSOCIATE OF

APPLIED SCIENCE DEGREE PROGRAMS

INCORPORATING BASIC LAW

ENFORCEMENT

TRAINING

.0501 PURPOSE AND REQUIREMENTS OF
ACCREDITATION (REPEALED)

.0502 DELIVERY OF PROGRAMS
(REPEALED)

.0503 STUDENTS (REPEALED)

.0504 INSTRUCTORS (REPEALED)

.0505 POST-DELIVERY TRAINING COURSE
REPORT (REPEALED)

Statutory Authority G.S. 17C-6.

SECTION .0600 - EQUIPMENT AND
PROCEDURES

.0602 TESTING: ACCURACY

All radio microwave (radar) and time-distance
speed measuring instruments, tuning forks and
stopwatches shall be tested for accuracy by a
technician possessing at least a valid second class
or general radiotelephone license from the Fed-
eral Communications Commission or a certif-
ication issued by organizations or committees
endorsed by the Federal Communications Com-

324

NORTH CAROLINA REGISTER

PROPOSED RULES

mission. These tests shall be conducted at least
ev e ry st* months in accordance with the require-
ments prescribed in G.S. 8-50.2. livery person
testing speed-measuring instruments, tuning
forks, or stopwatches shall test said equipment in
accordance with G.S. 8-50.2, 12 NCAC 9C
.0602, .0603 and .0604. The results of the above
tests shall be recorded on forms provided by the
commission

Statutory Authority G.S. 8-50.2; 17C-6.

.0603 TESTING: RADIO MICROWAVE
(RADAR)

(a) The minimum specific test for radio mi-
crowave (radar) shall include:

(1) Transmission Frequency Test. X-Band
and K-Band instruments when operated
at the standard supply voltage, the trans-
mission frequency shall be within plus-
minus .2 percent of the assigned frequency
as specified in Subchapter 90.103, para-
graph 22 of the F.C.C. rules and regu-
lations.
Accuracy Test F'sing Tunina Fork The

(2)

technician testing each radar instrument
shall test each instrument against the op-
erator calibration and testing for accuracy
procedures required bv G.S. 17-C-6( 13)

and G.S. 8-50. 2(b)(4) for each approved
instrument.
(A) Ah 1 radar instruments (K Band a«4
X Band) when placed m the stationary
mode, shall respond te the si gnals from
the tuning fofk- within plus minus »«e
mph et the correct value.
fB} AH- radar instruments (K Band a&4
X Band) when placed fo the moving
mode, shall simultan e ously respond to the
signals from tw-» vibrating tuning forks ef
different frequencies. »ft4 shall display the
calibration speed designated fe* the lower
frequency tuning fofk- as the patrol vehicle
speed, a«4 the difference between the eah
ibiation speed designat e d fof the higher
frequency tuning huh a«4 that »f the
lower frequency tuning fofk- as the target
vehicle speed, both displac e d speeds -. hall
he within plus minus e*e mph e£ the
correct values.
(b) During the radio microwave (radar) si*

month accuracy test the technician shall test each

instrument to determine that the:

(1) Automatic operate function is discon-
nected.

(2) Automatic alarms, audio and visual is
disconnected.

(3) Automatic locking capability is discon-
nected.

(4) Instrument does not provide an external
control that would permit the adjustment
or correction of the zero or calibration
readings.

(5) The "High Speed Lock" function is dis-
connected.

(6) If the above five functions have not been
disconnected the radio microwave (radar)
instrument shall not pass the six month
test.

Note: The automatic functions that shall be
disconnected are any and all automatic vio-
lation alarm or lock capabilities that occur
prior to the speed measuring instrument be-
ing manually locked by the operator,
(c) Tuning Fork Accuracy Test

(1) Every tuning fork K-Band and X-Band
used to determine radio microwave (radar)
accuracy shall be tested by a technician
possessing at least a valid second class or
general radiotelephone license from the
Federal Communications Commission or
a certification issued bv organizations or
committees endorsed by the Federal
Communications Commission. This test
shall be conducted at least every st*
months, in accordance with the require-
ments prescribed in G.S. 8-50.2.

(2) When tested in accordance with (c)(1) of
this Rule the frequency of vibration shall
read within plus-minus .75 mph of that
speed stamped on the tuning fork.

(3) All tuning forks that are not stamped with
a serial number for identification purposes
shall be so impressed on the handle or
heel, not on the tine portion, by the test-
ing technician. The serial number is to
be the same as the serial number on the
radar amplifier, radar control cabinet, ra-
dar antenna or such other identifying
number as assigned by the owning agency.

Statutory Authority G.S. 17C-6.

.0604 TESTING: TIME-DISTANCE

(b) Stopwatch Accuracy Test
(1) Every stopwatch used to enter a known
amount of time into the time-distance
speed-measuring instrument computer to
determine accuracy shall be tested by a
technician possessing at least a valid sec-
ond class or general radiotelephone license
from the Federal Communications Com-
mission or a certification issued bv organ-
izations or committees endorsed bv the
Federal Communications Commission.

NORTH CAROLINA REGISTER

325

PROPOSED RULES

This test shall be conducted a4- k?#4 ovory
m* month; . , in accordance with the re-
quirements prescribed in G.S. 8-50.2.
(2) 1 he stopwatch shall be hand held, with a
total time accumulation of at least five
minutes. The stopwatch shall be accurate
within plus-minus one second in five mi-
nutes.

Statutory Authority G.S. 17C-6.

.0605 OPERATING PROCEDURES

The operating procedures and operator cali-
bration and testing for accurancy procedures as
outlined in Appendix "A" of the Radar Operator
Training and Time- Distance Operator Training
Course Manuals published by the North Caro-
lina Justice Academy (1982) are hearby adopted
by reference, and shall automatically include any
later amendments and editions of the adopted
matter as authorized bv G.S. 150B-14(c). Copies
of the above are available for review at the De-
partment of Justice, Criminal Justice Standards
Division, Raleigh, North Carolina and at cost
from the North Carolina Justice Academy, Post
Office Drawer 99, Salemburg, North Carolina
28385.

Statutory Authority G.S. I7C-6.

SUBCHAPTER 9E - IN-SERVICE TRAINING
PROGRAMS

SECTION .0100 - LAW ENFORCEMENT
OFFICER'S IN-SERVICE TRAINING PROGRAM

.0101 PURPOSE

In order to ensure a minimum level of profi-
ciency in specific topical areas for law enforce-
ment officers serving the governmental agencies
within the state, the commission establishes the
law enforcement officers' annual in-service train-
ing program.

Statutory Authority G.S. 17C-6; I7C-10.

.0102 TOPICAL AREAS

The following topical areas are hereby estab-
lished as minimum topics to be included in the
law enforcement officers' annual in-service train-
ing program:

(1) Firearms Training and Qaulification.

Statutory Authority G.S. I7C-6; 17C-10.

.0103 DEPARTMENT HEAD
RESPONSIBILITIES

The department head is responsible for ensuring
that the annual in-service firearms training is

conducted according to minimum specifications
as outlined in Rules' 9F .0105 and 9E .0106. in
addition, the department head:

(1) shall review departmental policies regarding
the use of force during the agency's annual
in-service firearms training program. The
department head shall certify that this review-
has been completed by submitting a com-
mission-approved form to the Criminal Jus-
tice Standards Division; and

(2) shall report to the Criminal Justice Stand-
ards Division once each calendar year a ros-
ter of all law enforcement officers who fail
to successfully complete the annual in-ser-
vices firearms training and qualification and
shall certify that all law enforcement officers
in the agency not fisted did successfully
complete the training. This roster shall re-
flect the annual in-service firearms training
and qualification status of all law enforce-
ment officers employed by the agency as of
December 31 of each calendar year and shall
be received by the Criminal Justice Stand-
ards Division no later than the following
January 15th: and

(3) shall maintain in each officer's file doc-
umentation on a commission-approved
form that the officer has completed the mi-
nimum annual in-service firearms training
requirement; and

(4) shall, where the officer fails to successfully
qualify with any of the weapons specified in
Rule 9E .0106(a) and (b), prohibit access to
such weapon(s) until such time as the officer
obtains qualification; and

(5) shall, where the officer fails to successfully
qualify with any of the weapons specified in
Rule 9E .0106(d), prohibit the possession
of such weapon(s) while on duty or when
acting in the discharge of that agency's offi-
cial duties, and shall deny the officer au-
thorization to carry such weapon(s)
concealed when off-duty, except when the
officer is on his own premises.

Statutory Authority G.S. 17C-6; I7C-I0.

.0104 INSTRUCTORS

The following requirements and responsibilities
are hereby established for instructors who con-
duct the law enforcement officers' annual in-ser-
vice training program for firearms training and
qualification:

(1) The instructor shall hold "Specific Instruc-
tor Certification - Firearms" issued by the
commission.

(2) The instructor shall deliver the training
consistent with the minimum specifications

326

NORTH CAROLINA REGISTER

PROPOSED RULES

as established in Rules 9E .0105 and 9E
.0106.

(3) The instructor shall report the successful
or unsuccessful completion of training for
each officer to the department head. Such
reporting shall be on a commission-ap-
proved form.

(4) Where the officer fails to successfully qual-
ify with any weapon, the instructor shall in-
form the officer that the officer did not
qualify and the instructor shall deliver a
commission-approved form to the officer
which shall be signed by the officer. This
form shall instruct the officer not to use the
weapon and shall require the officer to notify
the department head or designated represen-
tative within 24 hours of the failure to qual-
ify. The instructor shall personally deliver
this form or send the form by certified mail
to the department head or designated repre-
sentative within 72 hours of the failure to
qualify.

Statutory Authority G.S. 17C-6; 17C-10.

.0105 MINIMUM TRAINING
SPECIFICATIONS

At a minimum, the following specifications shall
be incorporated in the agency's annual in-service
firearms training and qualification course:

(1) Use of Force:

review the authority to use deadly force
[G.S. 15A-40 1(d)(2)] including the relevant
case law and materials.

(2) Safety:

(A) range rules and regulations;

(B) handling of a firearm;

(3) Review of Basic Marksmanship Funda-
mentals:

(A) grip, stance, breath control and trigger
squeeze;

(B) sight and alignment/sight picture;

(4) The "Specialized Firearms Instructor
Training Manual" as published by the
North Carolina Justice Academy is hereby
adopted by reference, and shall automat-
ically include any later amendments or edi-
tions of the adopted matter as authorized by
G.S. 150B- 14(c), to apply as a minimum
guide for conducting the annual in-service
firearms training program. Copies of this
publication may be inspected at the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1 West Morgan Street

Court of Appeals Building

Post Office Drawer 149

Raleigh, North Carolina 27602

Statutory Authority G.S. 17C-6; 17C-10.

.0106 IN-SERVICE FIREARMS

QUALIFICATION SPECIFICATIONS

(a) All certified law enforcement officers
shall be required to qualify with their indi-
vidual and department-approved service
handgun(s) a minimum of once each calen-
dar year. For the purpose of this specifica-
tion, service handgun shall include any
semi-automatic pistol or revolver. In addi-
tion to the requirements specified in Rule
.0105 of this Subchapter, the following
courses of fire shall be used when conduct-
ing qualification with the service handgun(s):

(1) Day Course - must include a minimum
of 30 rounds and shooters must fire from
the 3, 7, 15 and 25 yard lines.

(2) Night Course - must include a minimum
of 30 rounds and shooters must fire from
the 3, 7 and 15 yard lines. Light condi-
tions should vary from no light to avail-
able light.

(b) All certified law enforcement officers who
are issued or authorized to use a shotgun, rifle
or automatic weapon shall be required to qualify
with each weapon respectively a minimum of
once each calendar year. In addition to the re-
quirements specified in Rule .0105 of this Sub-
chapter, the following courses of fire shall be used
when conducting qualification with the shotgun,
rifle or automatic weapon:

(1) Shotgun Course - must include a mini-
mum of 5 rounds and shooters must fire
from the 1 5 and 25 yard lines.

(2) Rifle Course - must include a minimum
of 5 rounds and shooters must fire from
the 50 yard line.

(3) Automatic Weapon - must include a mi-
nimum of 20 rounds.

(d) All certified law enforcement officers who
are authorized to carry an off-duty handgun(s)
shall be required to qualify with each such
handgun consistent with the specifications as
outlined in Rules .0105 and .0106(a) of this Sec-
tion.

(e) To satisfy the minimum training require-
ments for all in-service firearms qualifications, an
officer shall attain a minimum of 70 percent ac-
curacy with each weapon.

NORTH CAROLINA REGISTER

327

PROPOSED RULES

Statutory Authority G.S. 17C-6; I7C-I0.

.0107 FAILURE TO QUALIFY

(a) Upon notification that an officer has failed
to meet the requirements for in-service firearms
training and qualification as specified in Rule
.0106(a) of this Subchapter, the law enforcement
officer's certification shall be suspended.

(b) The suspended officer may request author-
ization for limited enrollment in a presentation
of the "Basic Recruit Training -- Law Fnforce-
ment" course to complete the minimum 40 hour
firearms training topic.

(c) Such enrollment and successful completion
must occur within the 12 month period following
suspension of law enforcement officer certif-
ication.

(d) Failure to enroll and successfully complete
the minimum 40 hour firearms training topic in
a "Basic Recruit Training -- Law Lnforcement"
course within the prescribed 12 month period
will subject the officer to training evaluation as
specified in Rule 9B .0403.

(e) No officer suspended under Paragraph (a)
of this Rule may work as a certified law enforce-
ment officer until:

( 1 ) the department head forwards to the
commission documentary evidence verify-
ing that the officer has complied with the
requirements for reinstatement of certif-
ication as specified in this subsection; and

(2) the department head and the officer receive
from the commission documentation that
the commission has terminated the sus-
pension and reissued law enforcement
certification to the suspended officer.

Statutory Authority G.S. I7C-6; 17C-I0.

TITLE 20 - STATE TREASURER

omment Procedures: A written copy of the
comments will be required of all persons wishing
to speak at the public hearing. The hearing record
will remain open for written comments from July
15, 1988 to August 16, 1988. Written comments
should be sent to the A PA Coordinator at the ad-
dress above.

CHAPTER 8 - ESCHEATS AND ABANDONED
PROPERTY

SECTION .0100 - GENERAL AND
ADMINISTRATION

.0101 ORGANIZATION AND FUNCTIONS

(a) The Escheat Fund is operated by the Es-
cheat and Unclaimed Property Section of the
Department of State Treasurer. This section is
charged with the collection of escheats and
abandoned property from all parties except in-
surers, holders, the administration of the fund
and the processing of claims for escheated prop-
erty, from the owner(s) 0+ prior holders »n be-
half »f the owner(s).

fb} Collection from insurer »f abandoned pro
perty subject t» the custody sf the Fscheut Fund
** charged te- the Financial Analysis Division ef
the Department t4 Insurance, i^ Or B++* 26387,
Raleigh, jserth Carolina 27611.

fe} (b]_ The following is general information
about the Escheat Fund:

(1) The chief officer is the Escheat Officer.

(2) The mailing address is Department of
State Treasurer, 325 North Salisbury
Street, Raleigh. North Carolina 27611.

(3) The office is located in the Albemarle
Building, 325 North Salisbury Street, Ra-
leigh, North Carolina.

(d) (cj Fxamination of records may be made
from 9:00 a.m. to 11:30 a.m. and 2:00 p.m. to
4:00 p.m., Tuesday through Thursday.

Ivotice is hereby given in accordance with G.S.
1 SOB- 12 that the Slate Treasurer intends to adopt
regulation cited as 20 NCAC 8 .0206; amend re-
gulations cited as 20 XCAC 8 .0101 - .0102(b),
.0108. .0202 - .0205. .0301 - .0302, .0401 - .0403,
.0501; repeal regulations cited as 20 NCAC 8
.0106 - .0107, .0201.

1 he proposed effective date of this action is No-
vember 1. 1988.

1 he public hearing will be conducted at 10:00
a.m. on August 16, 1988 at Conference Room,
Room 100, 325 X. Salisbury St.. Raleigh, X.C.

Statutory Authority G.S. I16B-42.

.0102 DEFINITIONS

(b) The following words and phrases defined
in this Rule will have the meanings indicated
when used in this Chapter, unless the context
clearly requires another meaning.

fh) "Escheat Offic e r" is the person designated
by- the State Treasurer t» administ e r the
fund.
£2) : 4^t- , ft4 :: i* the Escheat Fund established
by- Gt&t 1 16B 36 a«4 includes the Fscheat
Account.
{4} Q| "Escheats" includes all property, real
and personal, tangible and intangible
which is subject to the claim &f the fund

328

NORTH CAROLINA REGISTER

PROPOSED RULES

und e r Chapter 1 16B of the General Stat-
utes.

Statutory Authority G.S. I I6B-42.

.0106 SUBDIVISION OF THE FUND:

FISCAL YEAR (REPEALED)
.0107 DISTRIBUTIONS AND TRANSFERS

(REPEALED)

Statutory Authority G.S. 1 16B-36; I16B-37;
11611-42.

.0108 FEES TO BE COLLECTED

The following fees shall be collected:

(1) Dry copy reproduction: fifty cents (SO. 50)
pef page by mail; twenty cunts ($0.30) m
office; one dollar ($1.00) for the first page
and twenty cents ($0.20) for each additional
page for each request;

(2) Reproduction from microform: two dollars
af>4 twenty five cents ($2.25) pef page; re-
quests will be processed by the State Ar-
chives as provided in their rules; and

(4) Reproduction »f comput e r printout: fifty
c e nts ($0.50) pef pag e .

(3) Computer provided output: Costs will be
computed by job as follows: Actual com-
puter time used X^ average rate for computer
time for prior three-month period plus cost
of any supplies furnished. Each request
must be accompanied by a deposit of two
hundred ($200.00) dollars per tile requested.

(4) Requests for copies to be mailed must be
accompanied by the total required fee and a
self- ad dressed stamped envelope.

Statutory Authority G.S. 12-3.1; 1168-42.

SECTION .0200 - INTANGIBLE PERSONAL
PROPERTY

.0201 REPORTING OF ESCHEATS BY
INSURERS (REPEALED)

Statutory Authority G.S. I I6B-29; 116B-42.

.0202 REPORTING OF ESCHEATS

All other persons shall report to the fund 4i-
rectly at the address in 20 NCAC 8 .0101 as pre-
scribed by law and by this Chapter. All
payments shall be made to the "Department of
State Treasurer - Escheat Fund."

Statutory Authority G.S. 1/6B-29; II6B-42.

.0203 ESCHEAT REPORT

liach holder shall submit the following

(44 Each holder shall submit »«■ ef before the
tfee date required by law- Form AND 21
(ASD 21 A fef insurers) af>4 as many forms
ASD 22 as afe required te provide the
owner information.

(3> fem ASD 21 (ASD 21 A fef insurers) shatt
be promulgated by the Stat e Treasurer affe
w4U identify the holder, provide fef the
number ef bonn ASD 22 (Continuation
Form) attached, the total thereof, ami shall
be v e rified as provided by law-r

(3) Form ASD 22 shall be promulgated by the
State Treasurer *h4 id e ntify the property te-
be transferred as provided m Gt&t 1 161? 29,
the present holder, afi4 the property classi
fication code fef the property.

f4} Items ef value under twenty fiv e dollars
($25.00) may be reported fe the aggregate
by property classification code.

Each holder shall report intangible personal
property to the Escheat bund on Form ASD-21
together with Form ASD- 159 which together
shall include as a minimum:

( 1) Holder's legal name and address;

(2) Holder's federal tax identification number;

(3) A contact person and his or her telephone
number;

(4) Separately for each person with property in
each property class in excess of the amount
specified in G.S. 1 !6B-29(b)( 1):

(a) The namc(s) of the owner(s),

(b) The last known address(es) of the
owner(s),

(d) A description of the property,

(e) Serial number(s) or other identification
number(s) of the property, if any, and

(JJ The amount being transferred;

(5) Aggregate by property classification code
pursuant to G.S. 1 16B-29(b)( 1 ); and

(6) Verification pursuant to G.S. 116B-29(e).
This Rule docs not apply to property claimed by

the Escheat Fund pursuant to an audit which
shall be reported as provided in 20 NCAC 4
.0206.

Statutory Authority G.S. 116B-29; I16B-42.

.0204 PROPERTY CLASSIFICATION CODE

The following property classification codes w4H
shall be used:
f4-> UW fef GS 116B 12(a) property valu e d
at eee thousand dollars ($1,000) e* lessr

(3) 4344 fef G& 1 16B 12(a) property valued
at ov e r e«e thousand dollars ($1,000),

(34 4331) fef GS 1 16B 12(b) property,

(4) 433ft fef GS 1 16B 12(c) property,

NORTH CAROLINA REGISTER

329

PROPOSED RULES

(5) 4040 fef GS 446B 12(d) property,
l^f 4400 fof^> 1 1 61? y property,
f^ 4400 fef GS 1 16» M property,
(£) .i-SOa fef GS 1 16B 15 property,
f0+ 4600 fef GS 1 16B 16 property,
f4444 4444) fef GS 1 16B 17(a) property,
f4-H 4430 fef GS 446B 17(b) property,
(42} 4S0Q fef GS 4466 IS property,
(44) 4-000 fef OS 446R-40 property,
f44+ 3000 fef QS 444B 20 property,
f44> 24440 fef GS 444B-44 property.
Code Description

( 1) 101)1 Checking accounts;

(2) 1002 Savings or shares greater than one
thousand dollars ($1,000);

(3) 1003 Savings or shares less than one
thousand dollars (SI, 000);

(4) 1004 Certificates of deposits greater than
one thousand dollars; ($1,000);

(5) 1005 Certificates of deposits less than one
thousand doll, us, (SI. '"">):

(6) 1006 IRA's greater than one thousand
dollars (SI. 000);

(7) 1007 IRA's less than one thousand dollars

38)

(21
(21

(K»)

Oil
H2l

(13)
(14)

($1.000);

1008 Christmas club accounts;

1009

1010
1011
1012
2001
2002 Undelivered dividends or uncashed

Monev on deposit to secure funds;

Security deposits;

I nidentified deposits;

Suspense accounts;

Paving agent accounts;

dividends;

(J_5] 2003 bunds held in a fiduciary capacity;
(16) 2004 Suspense liabilities;

(19) 300 1 Cashiers checks;

Oil
08}

19
(20)

(22]
<2J]

LMl

(261

021

(2N]
(29)
(JOj

2005 Escrow accounts;

2006 Trust vouchers;

3002 Certified checks;

3003 Registered checks;

3004 CD interest checks;

3005 Drafts;

3006 Warrants

3007 Money orders;

3008 Travelers checks;

3009 foreign exchange checks;

3010 Expense checks;

301 1 Pension checks;

3012 Credit checks or memos;

3013 Vendor checks;

(32) 3014 Any checks that have been written
off to income or surplus;

(33) 3015 Any other outstanding checks;

(34) 4001 Ctilitv deposits;

(35) 4002 Membership fees;

(36) 4003 Refunds or rebates;

(37) 4004 Capital credit distributions;

5001 Amounts due and payable under
terms of life insurance policies;

(39) 5002 Amount due and payable under
terms of other insurance policies;

(40) 5003 Claim payments;

(41 ) 5004 Drafts not presented for payment;

(42) 5005 Matured whole life, term or en-
dowment insurance policies, annuity or
supplementary contracts;

(43) 501)6 Premium refunds;

(44) 5007 Agent credit balances;

(45) vii ix I nulentilied remittances;
(46] SUP')

terms;
6001

Other amounts due under policy
Trust funds;

(47)

(48) 6002 Cash bonds;

(49) 6003 Partial payments;

(50) 6004 Judgements;

(51) 6005 Am/ other funds

held bv govern-

mental agency;

[521

(54)
(55}
(56)

(521

7001 Dividends;

7002 Interest;

7003 Principal payments;

7004 Equity payments;

7005 Profits;

7006 funds paid toward the purchase of
shares, or interest in a financial or business
organization;

(58) 7007 Funds received for the redemption

of stocks and bonds

(59)
(60)

7008 Bonds;

7009 Shares of stock including underlying
shares;

(61) 7010 Cash for fractional shares;

(62) 7011 Unexchanged stock of successor

corporation;
(63) 7012 Mutual funds;

(64) 7013 Dividend reinvestment plans;

(65) 7014

Any other sum owing to a share-

(66}

(671

(68]
(69]
(70]

(111

(121

(74]
(751

holder, certificate holder, member, bond
holder or other security holder, or partic-
ipating member of a cooperative;

Any other certificates of ownership;

Wages, payroll or salary;

Commissions;

Workers compensation benefits;

800 1

8002

8003

8004 Payments for goods and services;

8005

8006

8007 Unrefunded overcharges

8008

8009

Customer overpayments
Unidentified remittances

Accounts payable;

Credit balances in accounts receiv-

able

(76) 8010 Discounts due;

(77) 8011

(78) 8012

(79) 8013

ixefunds due;

Unredeemed gift certificates;

Unclaimed loan collateral

330

NORTH CAROLINA REGISTER

PROPOSED RULES

(80) 8014 Sums payable under pension and
profit sharing plans (IRA. Keogh, etc.);

(81) 8015 Mineral proceeds;

(82) 8016 Royalties;

(83) 8017 Rents;

(84) 8018 Any other miscellaneous intangible
personal property;

(85) 8019 Any property distributable in the
course of voluntary or involuntary dissol-
ution;

86) 8020 Undelivered shares of stock follow-

ing a merger;

(87) 9001 Real property which succeeds to the
state through Escheat;

(88) 9002 Personal property which succeeds
to the state;

(89) 9003 Safe deposit box contents.

Statutory Authority G.S. 116B-29; 1 16B-42.

.0205 LATE FILING OK REPORT

(*)• A4F k-ri«* reports must include a reason fef
tke failure t» fife »» the 4w» date. AH- re - ports
with »e- letter explaining a legitimat e probl e m
may be assessed tin* penalties prescrib e d m G.S.
116B . 11(a) anafe^

(a) Payments on account of property reported
to the l'scheat bund as abandoned property after
the date which the law requires that the sums of
money be paid to the State Treasurer shall be
assessed interest penalties as provided in G.S.
1 16B-41(c). Interest penalties shall be assessed
for each day after the due date until the moneys
are received by the L'scheat fund. Hillings for
interest penalties totaling ten dollars ($10.00) or
less will not be made because \\_ is uneconomical
to do sex

(b) If a holder wishes to avoid the penalties of
G.S. 1 16B-41(a), he may file a request for an ex-
tension in writing prior to the time the report is
due. The request must include the holder's name
and address, the holder's principal business, and
a valid reason for the delay. Reasons for delay
will only be considered valid if the reasons stem
from circumstances which are unforeseen and
unforeseeable. Each extension will not exceed
three months, but may be renewed upon reap-
plication for up to six months. If an extension
is granted, the holder will not be subject to the
penalties fof in G.S. 1 16B-41(a) during the ex-
tension period.

fe} ff a holder wishes tt* avoid the interest
penalty e-4 G.S. 1 16B 1 1(c). he h» 4© *© by- 61-
iftg a request top e xt e nsion together with aft e*ti-
mated report ©f a statement »f beli e f that hie
report wiii be n e gativ e . if a» e xt e nsion is
grant e d, ho int e rest penalty v4ii be impos e d fa*
the extension period.

Statutory Authority G.S. II6B-4I; I I6B-42.

.0206 REPORTING PROPERTY FOUND ON
AUDIT

(a) Claims for abandoned property resulting
from an audit shall be made on Form ASD-160.

(b) The holder shall send the notice required
by G.S. 116B-28 unless the Form ASD-160
shows that notice is not required.

(d) The holder shall complete the form show-
ing property no longer escheatable because of
transfer to the lawful owner and property still
subject to transfer to the custody of the State
Treasurer for the Escheat Fund.

(e) Transfer by payment or delivery of non-
cash property shall be made with the return of
Form ASD-160. Penalties shall be calculated
and remitted at the same time.

(f) Copies of payment vouchers or other proof
that the items are no longer escheatable shall be
sent with the return of Form ASD-160.

Statutory Authority G.S. 1 I6B-29; 1 16B-42.

SKCTION .0300 - TANGIBLE PERSONAL
PROPERTY

.0301 NOTIFICATION BY HOLDER TO
ESCHEAT FUND

(a) Each holder shall notify the Escheat Fund
of the existence of tangible property when it be-
comes subject to the custody of the State Treas-
urer and shall maintain the property in a manner
which will prevent undue loss of value until di-
rections for either disposition or transfer to the
State Treasurer are received. The Escheat Fund
will hold the holder liable for any loss resulting
from the breach of a fiduciary duty by the holder.

(b) The notification shall be made on Form
AS D- 127 »f it* equivalent and shall show as a
minimum:

(1) Holder's legal name and address;

£2) A-» identification number, description,
condition a»4 estimated value fof each
separate piece e*f property;

£3) The owner's name a&4 last known address
fef each piece ef group ©f pieces &f prop

i iH * .• - a " ."1

CTTTT tTTTTT

(4) Verification by a» official with knowledge)
ei the circumstances a«4 property.

(2) A contact person and his or her telephone
number;

(3) Separately for each item of tangible prop-
erty:

(A) A sequence number,

(B) The name of the owner(s),

NORTH CAROLINA REGISTER

331

PROPOSED RULES

(Q The last known addrcss(cs) of the

owncr(s),
(D) "I he social security or tax identification

numher(s) of' the owncr(s'), if known,

(F) A description of the property,

(!■') Serial numhcr(s) or other identification
numbcr(s), if any, and

(G) The approximate value of the property;
and

(4) Verification pursuant to G.S. 116B-29(c).
(e) Fach piece e+ prop e rty ti hull be separately
numb e r e d. 4-be description condition aft4 esti-
mated value shall be submitted for each separat e
piece ei tangible pergonal property to be es-
ch e ated.

Statutory Authority G.S. 116B-3I; 1I6B-42.

.0302 NOTIFICATION BY ESCHEAT FUND
TO HOLDER

fa} The Escheat Fund will provide to the holder
with a letter ef instruction. The letter which will
identify the property to be transferred to the
custody of the State Treasurer aft4 the property
which may be otherwis e disposed. The holder
may dispose of any property which is not re-
q uired to be transferred to the custody of the
State Treasurer at his sole discretion.

(&) T-he holder continues to be r e sponsibl e fof
the preservation ef the value erf the property until
transfer » actually made to the custody a«4 con
tfei e£ the State Treasurer.

Statutory- Authority G.S. 116B-3I; 1 I6B-42.

SECTION .0400 - REFUNDS

.0401 APPLICATION FOR REFUNDS

(a) The following persons may apply for re-
funds on behalf of an owner of property trans-
ferred to the Escheat Fund: with a value e£
twenty five dollars (£25.00) e* more at the time
»f transfer:
(1)

(2)

(3)

the owner or a personal representative of

an owner,

the holder or a successor to the holder, and

an attorney in fact under a written power

of attorney from the owner,
fh} Only the holder a* a succ e ssor to the hold e r
may- apply fof a refund e4 property transferred to
the l'scheat bund with a valu e ef less than
twenty live dollars (£25.00) at the time el the
transf e r.

fo) Separate applications afe required fof d+f-
ferent holders *&4 fof transfers e£ different years

(d) Whenever the holder of property rejects,
or otherwise refuses to process in a timely man-
ner, a claim made by a person claiming owner-
ship, the claimant may appeal, in writing, to the
F.scheat Officer.

(e) Whenever the F.scheat Officer rejects, or
otherwise refuses tc> process i_n a timely manner,
a claim by a person claiming ownership, the
claimant may appeal, in writing, to the State
Treasurer.

Statutory Authority G.S. IJ6B-38; 1I6B-42.

.0402 REQUIRED DOCUMENTATION OF
APPLICATION FOR REFUND

(a) All applications shall be made on Form
ASD-111, which shall be promulgated by the
State Treasur e r, and shall identify:
( 1) the property claimed,

the owner as shown on the Escheat re-

cords,

by- the same holdi
(b) Claims wil

be approved only for named

holders and onlv for named years.

(21

(3) the holder when transferred to the Escheat
Fund, and

(4) the current owner, which may be either (2)
or[3)_

(h) Form ASD 1 1 1 shall identify the prop e rty
claim e d, the owner th e r e of, the holder ' ■ ' ■ hen
transferred to the F.scheat Fund, aftd-the claimant
if other than the owner ©f holder.

fe} [bj Personal representatives, and other fidu-
ciaries, custodians, and attorneys in fact shall
submitt e d submit a certified true copy of their
appointment and authority.

(4) All applications shall conform to the fe-
quiremento m G.S. 1 161? 38(e).

(c) Claims must include adequate evidence that
the person in behalf of whom the claim is made
is the true and actual owner of the property
claimed. There is a rebuttable presumption that
property of a business association is not lost in
the ordinary course of business.

(d) Anv person who received or will receive a
fee for the identification of the owner, the lo-
cation of the missing property or the preparation
of a claim form shall sign the form as indicated
therein, and shall insert his or her license number,
if licensed by the Private Protective Services
Board.

Statutory Authority G.S. 116B-3S; 116B-42.

.0403 PAYMENT OF REFUNDS

(a) When the holder has certified in Form
ASD-111, that he has already made payment to

332

NORTH CAROLINA REGISTER

PROPOSED RULES

the owner, the refund will be made by warrant

on the State Treasurer in the name of the holder.

(b) All other refunds will be made by warrant

on the State Treasurer in the name of the owner.

I Kir mill l-» n »-»~> Mil, ill tii il^^ hi I . Irii.-i- • \ 4 < li.i • • I | ■ ■ tt-i on4
1 1 1 1 , 1 VI 1 1 1 I i\.' 1 I 1 1 1 1 1 CTO TTT 1 1 IV CCvl VJ I V" R I r7T TTTC CTTTTTTTTTTTT

shown »«• Eorm ASS 111.
Statutory Authority G.S. 116D-38; 1 16B-42.
SECTION .0500 - RECORDS

.0501 PUBLIC ACCESS TO RECORDS

(a) Any person desiring to seareh the records
shall register with the Escheat Office. This Fe§-
istrution t - hall include ' h+* name' »«4 address a»4
his reason fof desiring access to (4*e records.

(b) Prior to being given access to the public
records the registrant must:

(1) Provide his or her name and address;

(2) Provide his or her reason for desiring ac-
cess to the records;

TITLE 25 - OFFICE OF STATE
PERSONNEL

(4} til Agree not to remove, deface or destroy

any records;
(3) (4) Observe hours outlined by the State
Treasurer, and act without disturbing the
statutory duty of the State Treasurer to
administer and protect the Escheat Fund
and its records; and
(4} (_5_2 Produce proof of his identity.
(c) Any registrant other than the owner, in ad-
dition to the requirements in this Rule, must sign
a statement that: lw» k*i f«**4 G4>t 1 161? 43 »ft4
Ht fully aware t*f its meaning.

ill U£ 91 i!i£ hS2 rcat l OS. 1 16B-43 and is
fully aware of its meaning;

(2) He or she is aware that the Private Pro-
tective Services Board has ruled that OS.
74C-3(a)(8)b is applicable to persons
searching for owners of escheated prop-
erty and a license is required by said
board;

(3) He or she is or^ is not, licensed by said
board and if licensed must furnish their
license number.

(d) No person other than the staff of the Es-
cheat Office shall enter the records area. The
registrant will may be required to request records
by name and he or she will be allowed to view
them only in a place designated by personnel of
the Escheat Office.

(e) 'The person in charge of the records may at
any time in his sole discretion restrict the use of
briefcases, files, etc., in the area in which the re-
gistrants view the escheat records.

Statutory Authority G.S. I16B-36; II6B-42;
I16B-43.

Ivotice is hereby given in accordance with G.S.
1 SOB- 12 that the Office of State Personnel! Stale
Personnel Commission intends to amend regu-
lations cited as 25 NCAC IL .0004 and .0005.

1 he proposed effective date of this action is No-
vember 1, 1988.

1 he public hearing will be conducted at 9:00
a.m. on August 16, 1988 at 101 West Peace
Street, Raleigh, N. C.

omment Procedures: Interested persons may
present statements orally or in writing at the
hearing or in writing prior to the hearing by mail
addressed to: Drake Maynard, Office of Slate
Personnel, 116 W. Jones Street, Raleigh, N. C.
27611.

CHAPTER 1 - OFFICE OF STATE PERSONNEL

SUBCHAPTER IE - AFFIRMATIVE ACTION

.0004 PROGRAM IMPLEMENTATION:
DEPARTMENT AND UNIVERSITY
LEVEL

(a) Each department head of state government
and University Chancellor shall develop and im-
plement a departmental or university affirmative
action program designed to soke problems in
those areas that adversely affect minorities,
women and handicapped persons.

(b) Each department and university shall pres-
ent a plan for this affirmative action program to
the Office of State Personnel for review, technical
assistance and approval by the Director of State
Personnel.

(c) Pach department's and university's affir-
mative action plan shall meet all requirements of
the administrative EEO/AA Planning and Re-
sources Guide and shall include but not be lim-
ited to the following elements:

(1) a workforce analysis designed to examine
the number and levels at which it employs
minorities, women, and handicapped per-
sons;

(2) a set of objectives, goals and timetables;

(3) a recruitment program designed to attract
minorities, women and handicapped per-
sons to all levels of employment;

(4) an interviewing program that includes, for
each vacancy, the interviewing of at least
three applicants representative of the eth-

NORTH CAROLINA REGISTER

333

PROPOSED RULES

nic, sex and handicapped composition of
available applicants;

(5) a program of promotion and career lad-
ders for present employees;

(6) a program of training to enhance em-
ployee development and advancement
opportunities. Such programs shall in-
clude a process to ensure that minorities,
women and handicapped persons have
adequate representation and participation
in internal and external training programs
such as Supervisory Training, Public
Managers Program and Educational As-
sistance Program; aft4 Government Exoc
utives Institut e ;

(7) A program of orientation and training in
equal employment opportunity and affir-
mative action compliance for all manag-
ers, supervisors and others authorized to
make or recommend personnel actions;

(8) Rcduction-in-force procedures which
maintains arc designed to maintain the
proportion of protected group members
in the departmental or university work-
force and preserves gams made in utilizing
protected group members;

(9) An annual internal evaluation system; i.e.,
WPPR to hold managers to at all levels
accountable for the progress of the de-
partment's and university's affirmative ac-
tion program;

(10) an internal reporting system to measure
total program effectiveness.

Statutory Authority G.S. 126-4(10); 126-16.

.0005 PROGRAM PLAIN REVIEW

(a) Each state department /agency and univer-
sity employing SPA employees shall submit an-
nually an Affirmative Action Plan (update of
entire plan or revisions as specified) or shall sub-
mit an application for a three-year EEO/AA
planning cycle and a Three-year Affirmative Ac-
tion plan to the Office of State Personnel for re-
view, technical assistance, and approval by the
State Personnel Director. The submission d«4e
will be October 4- »f each yeaf fef annual plans
&* October + ef the yew m which the previously
approved three year plan » to eft4r The constit
«««• institutions of- fte Greater University ef
North Carolina shall »et be required to comply
with tftw provision until J+4y -It 19X8. The sub-
mission date will be the last working dav of Jan-

uary for annual plans or January 1 of the year in
which the previously approved three-year plan is
to end.

(b) Each state department agency and univer-
sity applying for three-year Affirmative Action
Plan approval shall, in the judgement of the State
Personnel Director, meet each of the preliminary
requirements for three-year EEO/AA plan ap-
proval stated in the Standards For Three-Year
Plan Approval issued by the Equal Opportunity
Services Division of the Office of State Personnel.

(c) All reports submitted to the Office of State
Personnel shall be reviewed by the department
head or university chancellor and signed by the
EEO Officer, verifying the process of program
implementation.

Statutory Authority G.S. 126-4(10); 126-16.

334

NORTH CAROLINA REGISTER

LIST OF RULES AFFECTED

NORTH CAROLINA ADMINISTRATIVE CODE
EFFECTIVE: July I, 1988

AGENCY
DEPARTMENT OF ADMINISTRATION

1 NCAC 6B

.0601
.0606
.0608

.0301 -

.0302

.0306 -

.0307

.0301 -

.0303

.0305

30A

.0206

.0101

.0303 -

.0304

.1501

DEPARTMENT OF AGRICULTURE

2 NCAC 9L

.1005

27C

.0003

29A

.0001 -

.0002

29B

.0001

29C

.0001 -

.0002

31B

.0001 -

.0002

31D

.0001

DEPARTMENT OF COMMERCE

4 NCAC 5D

.0202

.0302

.0302 -
.0305

.0303

.0401 -

.0402

.0503

13A

.0103

13E

.0201

13G

.0103

.0201 -

.0202

DEPARTMENT OF HUMAN RESOURCES

10 NCAC IB .0225

3R .0105 - .0106

.0108
.0208
.0307
3U .0101
.0202
.0204
.0205
.0302
.0401
.0402
.0403

.0211

.0102

.0303

ACTION TAKEN

Repealed
Repealed
Amended
Repealed
Repealed
Repealed
Repealed
Amended
Amended
Repealed
Amended

Amended
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed

Amended
Amended
Amended
Amended
Repealed
Amended
Amended
Amended
Repealed
Adopted

Adopted

Repealed

Amended

Adopted

Amended

Repealed

Adopted

NORTH CAROLINA REGISTER

335

LIST OF RULES A FFEC TED

.0501
.0505
.0506
.0703
.0706
.0707
.0710
.0714
.1001
.1004
.1601
.1603
.1604
.1605
.1606
.1607
.1612
.1614
.1701
.1902
.2006
.2101
.2203
.2205
.2401
.2501
.2601
8G .0701
.0713
26G .0302
44D .0102
47A .0502

.0504

.0511

.0704

.0709
.0711

.1602

.1611
.1613

.1904
.2012

.2510
.2612
.0712
.0723

Repealed

Amended

Adopted

Amended

Repealed

Amended

Adopted

Amended

Repealed

Amended

Repealed

Amended

Repealed

Amended

Repealed

Amended

Adopted

Amended

Adopted

Repealed

Adopted

Amended

.Amended

DEPARTMENT OF INSl'RAN'CE

NCAC 1

11A

.0101
.0202
.0206
.0701
.0102
.0201
.0001
.0003
.0112
.0311
.0414
.0102
.0104
.0102
.0102
.0101
.0301
.0101
.0201
.0401
.0904
.0201
.0301
.0433

- .0102

- .0208

- .0702

- .0204

- .0004

- .0114

.0104
.0104
.0104
.0307
.0103

.0202
.0306
.0434

Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed

336

NORTH CAROLINA REGISTER

LIST OF RULES AFFECTED

.0450 -

.0451

1 IB

.0201
.0301
.0401

11C

.0101
.0201
.0301
.0401 -

.0402

1 ID

.0101
.0201
.0301

.0101

.0107 -

.0109

.0301

.0401

1 IF

.0001

11G

.0005

.0102-

.0301

.0401

.0444

.0451

.0501

.0103

.0201 -

.0222

.0101 -

.0103

.0401 -

.0408

.0410

DEPARTMENT OF JUSTICI

.0107

12 NCAC 9A

.0602
.0606

DEPARTMENT OF LABOR

.0202 -

13 NCAC 1A

.0204

.0101
.0201

.0202 -

.0203

.0304

.0306 -

.0307

.0308

.0402

.0502

.0503 -

.0508

.0601

.0603 -

.0604

.0103

.0104 -

.0105

.0205

.0206

.0301 -

.0302

.0401 -

.0402

.0501 -

.0506

.0101

.0003

.0101
.0104

Amended
Amended
Amended

Repealed
Amended
Repealed
Amended
Amended
Amended
Repealed
Amended
Amended
Repealed
Repealed
Repealed
Amended
Repealed
Amended
Repealed
Repealed
Repealed
Repealed
Amended
Repealed
Amended
Repealed

NORTH CAROLINA REGISTER

337

LIST OF RULES AFFECTED

.0105

Amended

.0103

Amended

.0201 -

.0207

Repealed

.0103

Amended

.0106

Amended

.0109

Amended

.0111

Repealed

.0112

Amended

.0114

Amended

.0119

Repealed

.0201

Amended

.0203

Repealed

.0309

Amended

.0502

Amended

.0705 -

.0706

Repealed

.0709 -

.0711

Repealed

.1003

Amended

.1205

Amended

.1904

Amended

.0101 -

.0122

Repealed

.0201 -

.0210

Repealed

.0301 -

.0310

Repealed

.0401 -

.0404

Repealed

.0501 -

.0507

Repealed

.0601 -

.0602

Repealed

.0101

Amended

.0404 -

.0405

Amended

.0502

Amended

.0703

Amended

DFPAR TMKNT OK CRIME CONTROL AND PUBLIC SAFETY

14A NCAC 1A

.0002 -

.0004

Amended

.0201

Repealed

.0308

Amended

.0404

Amended

.0501

Repealed

.0502

Amended

.0503 -

.0523

Repealed

.0102

Repealed

.0101 -

.0103

Repealed

.0201 -

.0202

Repealed

0301 -

.0304

Repealed

.0401 -

.0402

Amended

.0403 -

.0404

Repealed

.0101 -

.0104

Repealed

.0201 -

.0202

Repealed

.0301 -

.0306

Repealed

.0401 -

.0405

Repealed

.0501 -

.0502

Repealed

.0601 -

.0611

Repealed

10A

.0001

Repealed

10B

.0204 -

.0205

Repealed

.0301 -

.0302

Repealed

DEPARTMENT OF NATURAL RF.Sf

)URCES AND COMMl NIT

V DEVELOPMENT

15 NCAC IB

.0202

Amended

.0205 -

.0220

Repealed

338

NORTH CAROLINA REGISTER

LIST OF RULES AFFECTED

215

211

.0608

.0101 -

.0202 -

.0302 -

.0002

.0005

.0008 -

.0006

.0003

.0004

.0005

.0006

.0008

.0202

.0211

.0213

.0311

.0315

.0406

.0101 -

.0104

.0111

.0116

.0204

.0101

.0103

.0104

.0302

.0304

.0403

.0409

.0501

.0524 -

.0528 -

.0604

.0608

.0905

.0908

.0909 -

.0913

.0916

.0939 -

.0201 -

.0301 -

.0105 -

.0402

.0301

.0503 -

.0601

.0603

.0607

.0802

.0805

.0810

.0811

.0102

.0105

.0201

.0203

.0102
.0204
.0304

.0009

0103

.0525
0532

0910

0940
0202
0308
0106

0504

Amended

Repealed

Amended

Repealed

Amended

Repealed

Amended

Adopted

Amended

Adopted

Amended

Repealed

Amended

Repealed

Amended

Repealed

Amended

Repealed

Amended

NORTH CAROLINA REGISTER

339

LIST OF RULES AFFECTED

.0301

.0303 -

.0306

.0401

.0005

.0104
.0218
.0401

.0101 -

.0103

.0117

.0103
.0303
.0311

.0101

.0003
.0006
.0009

.0001

.0003

.0001 -

.0002

.0802 -

.0805

.0814-

I1S16

.0820 -

.0822

.0825

.0828

.0901

10A

.0201
.0204
.0209

.0301 -

.0302

10B

.0106
.0110
.0112

.0202 -

.0203

.0209

.0403

.0407 -

.0408

IOC

.0202
.0204
.0205
.0207
.0210
.0303

.0304 -

.0305

.0401 -

.0402

.0403

.0404

.0406 -

.0407

10D

.0001

.0002 -

.0004

10F

.0101

.0102-

.0104

.0108

10G

.0101

.0104-

.0105

.0201

.0204 -

.0205

.0301

.0304 -

.0306

10H

.0101

Amended
Repealed
Repealed
Repealed
Amended
Repealed
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Repealed
Repealed
.Amended
Amended
Repealed
Repealed
Amended
Amended
Amended
Amended
Amended
Repealed
Repealed
Repealed
Repealed
Repealed
Amended
Amended
Repealed
Amended
Amended
Amended
Repealed
Repealed
Repealed
Amended
Repealed
Repealed
Repealed
Amended
Amended
Repealed
Amended
Amended
Repealed
Amended
Repealed
.Amended
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Amended

340

NORTH CAROLINA REGISTER

LIST OF RULES AFFECTED

.0301 ■

.0302

.0401 •

.0402

.0408

.0702

.0706

.0709

.0809

.0901

.0902

.1001

I3K .0101 -

.0102

.0303

.0401 -

.0405

16A .0003 -

.0004

16C .0107

.0307

.0403

.1003

16D .0108

17A .0001

17B .0102

.0502

DEPARTMENT OF REVENUE

17 NCAC 4B .1303

.1305

.1308-

.1309

91 .0504

DEPARTMENT OF TRANSPORTA1

ION

19A NCAC 3D .0801

BOARD OF CHIROPRACTIC EXAMINERS

21 NCAC 10 .0201

BOARD OF MORTUARY SCIENCE

21 NCAC 34

.0109

.0110-

.0116

.0119-

.0120

.0123

.0125

BOARD OF NURSING

.0219

21 NCAC 36

BOARD OF PHARMACY

21 NCAC 46

.2001

.2005 -

.2011

.2014 -

.2016

REM ESI ATE LICENSING

BOARD

NCAC 58A .0107

Amended
Repealed
Repealed
Repealed
Amended
Repealed
Amended
Amended
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Amended

Repealed
Amended
Adopted
Amended

Amended

Amended
Repealed
Repealed
Amended
Amended

Temp. Amended

Expires 12-25-88

Amended

Adopted

Amended

NORTH CAROLINA REGISTER

341

LIST OF RULES AFFECTED

.0111 - .0112
.0506
.0611
58B .0501

COMMIMTY COLEEC-ES

23 NCAC 2E .0202
HOrSINC FINANCE

24 NCAC 1A .0003

IB .0001

1C .0001

OFFICE OF STATE PERSONNEL

NCAC IB .0302 -.0303

.0305 - .0306

.0308

.0313

.0315- .0319

.0321

.0324- .0331

.0336 - .0338

.0341

.0345 - .0353
1C .0202
U .0504

Adopted
Amended
Adopted
Amended

Amended

Repealed
Repealed
Repealed

Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Repealed
Amended
Amended

342

NORTH CAROLINA REGISTER

NC AC INDEX

TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT

1 Administration, Department of

2 Agriculture, Department of

3 Auditor, Department of State

4 Commerce, Department of

5 Corrections, Department of

6 Council of State

7 Cultural Resources, Department of

8 Ejections, State Board of

9 Governor, Office of the

10 Human Resources, Department of

1 1 Insurance, Department of

12 Justice, Department of

13 Labor, Department of

14A Crime Control and Public Safety, Department of

15 Natural Resources and Community Development, Department of

16 Education, Department of

17 Revenue, Department of

18 Secretary of State, Department of
19A Transportation, Department of
20 Treasurer, Department of State

*21 Occupational Licensing Boards

22 Administrative Procedures

23 Community Colleges, Department of

24 Housing Finance Agency

25 State Personnel, Office of

26 Administrative Hearings, Office of

NOTE: Title 21 contains the chapters of the various occupational licensing boards.
CHAPTER LICENSING BOARDS

2 Architecture, Board of

4 Auctioneers, Commission for

6 Barber Examiners, Board of

8 Certified Public Accountant Examiners, Board of

10 Chiropractic Fxamincrs, Board of

12 Contractors, Licensing Board for

14 Cosmetic Art Examiners, Board of

16 Dental Fxamincrs, Board of

18 Electrical Contractors, Board of Examiners of

20 Foresters, Board of Registration for

21 Geologists, Board of

22 I tearing Aid Dealers and Fitters Board
26 Landscape Architects, Licensing Board of

28 Fandscape Contractors, Registration Board of

3 1 Martial & Family Therapy Certification Board

32 Medical Examiners, Board of

33 Midwifery Joint Committee

34 Mortuary Science, Board of

36 Nursing, Board of

37 Nursing Home Administrators, Board of

38 Occupational Therapists. Board of
40 Opticians, Board of

42 Optometry, Board of Fxamincrs in

NOR TH CAROLINA REGIS TER 343

NC AC INDEX

44 Osteopathic Examination and Registration, Board of

46 Pharmacy, Board of

48 Physical Therapy, Examining Committee of

50 Plumbing and Heating Contractors, Board of

52 Podiatry Examiners, Board of

53 Practicing Counselors, Board of

54 Practicing Psychologists, Board of

56 Professional Engineers and Land Surveyors, Board of

58 Real Estate Commission

60 Refrigeration Examiners, Board of

62 Sanitarian Examiners, Board of

63 Social Work, Certification Board for

64 Speech and Language Pathologists and

Audiologists, Board of Examiners of

66 Veterinary' Medical Board

344 NORTH CAROLINA REGISTER

CUMULA TIVE INDEX

(April 1988 - March 1989)

1988 - 1989

Pages Issue

1 - 25 1 - April

26 - 108 2 - Apnl

109 - 118 3 - May

119 - 145 4 - May

146 - 184 5 - June

185 - 266 6 - June

267 - 294 7 - July

295 - 347 8 - July

AO - Administrative Order

AG - Attorney General's Opinions

C - Correction

E - Errata

EO - Executive Order

FDL - Final Decision Letters

PR - Final Rule

GS - General Statute

JO - Judicial Orders or Decision

ERA - List of Rules Affected

M - Miscellaneous

NP - Notice of Petitions

PR - Proposed Rule

SO - Statements of Organization

TR - Temporary Rule

ADMINISTRATION

Auxiliary Services, 270 PR

Departmental Rules, 270 PR

State Construction, 187 PR

Youth Advocacy and Involvement Office, 148 PR

ADMINISTRATIVE HEARINGS

Hearings Division, 76 PR

AGRICULTURE

Food and Drug Protection Division, 271 PR
Structural Pest Control Committee, 296 PR

COMMERCE

Alcoholic Beverage Control Commission, 276 PR
Milk Commission, 120 PR, 190 PR

COMMUNITY COLLEGES

Community Colleges, 2X7 PR

NOR TH CA ROLINA REGIS TER 345

CUMULA TIVE INDEX

CRIME CONTROL AND PUBLIC SAFETY

Alcohol Law Enforcement, 47 PR

ELECTIONS

State Board of Elections, 120 PR

XECUTIVE ORDERS

Executive Orders 68 -

71, 1 EO

72,119 EO

73, 146 EO

FINAL DECISION LETTERS

Voting Rights Act, 5 EDL, 26 FDL, 185 FDL, 267 FDL, 295 FDL

HUMAN RESOURCES

Division of Aging, 229 PR

Drug Commission, 1 13 FR

Health Services, 7 PR, 220 PR, 296 PR

Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR, 237 PR, 303 PR

Office of the Secretary, 31 PR

Social Services Commission, 27 PR

INDEPENDENT AGENCIES

Housing Finance, 21 PR, 134 PR, 255 PR

INSURANCE

Agent Services, 238 PR

Fire and Casualty, 32 PR

Fire and Rescue Services Division, 122 PR, 149 PR

JUSTICE

Criminal Justice Education and Training Standards, 304 PR
Private Protective Services, 303 PR

LICENSING BOARDS

Cosmetic Art Examiners, 283 PR

CPA, 73 PR

Examiners of Electrical Contractors, 151 PR

Hearing Aid Dealers, 77 FR

LIST OF RULES AFFECTED

April 1, 1988, 102 LRA
May 1, 1988, 137 LRA
June 1, 1988, 260 LRA
July 1, 1988, 335 LRA

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT

Coastal Management, 1 1 PR, 67 PR, 254 PR, 281 PR

Community Assistance, 69 PR

Environmental Management, 241 PR, 278 PR

Forest Resources, 68 PR

Marine Fisheries, 62 PR

Soil and Water Conservation, 1 1 1 PR

Wildlife Resources and Water Safety, 111 PR, 282 PR

REVENUE

License and Excise Tax, 1 13 FR
Motor Fuels Tax, 258 FR

546 NOR TH CAROLINA REGIS TER

CUMULA TIVE INDEX

SECRETARY OF STATE

Securities Division, 125 PR

STATE PERSONNEL

State Personnel Commission, 135 PR, 333 PR

STATE TREASURER

Escheats and Abandoned Property, 328 PR
Local Government Commission, 18 PR

TRANSPORTATION

Division of Motor Vehicles, 172 FR, 258 FR

NORTH CAROLINA REGISTER 347

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